Clark v. State

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Dwayne R. Clark, Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2012-207561

Appeal From Lexington County
R. Knox McMahon, Circuit Court Judge

Unpublished Opinion No. 2014-UP-138
Submitted February 1, 2014 – Filed April 2, 2014

APPEAL DISMISSED

Appellate Defender Wanda H. Carter, of Columbia, for
Petitioner.

Attorney General Alan McCrory Wilson and Assistant
Attorney General John Walter Whitmire, both of
Columbia, for Respondent.

PER CURIAM: Petitioner seeks a writ of certiorari from the denial of his
application for post-conviction relief (PCR).
Because there is sufficient evidence to support the PCR judge's finding that
Petitioner did not knowingly and intelligently waive his right to a direct appeal, we
grant certiorari on Petitioner's Question One and proceed with a review of the
direct appeal issue pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986).

Petitioner's direct appeal is dismissed after consideration of his pro se brief and
review pursuant to Anders v. California, 386 U.S. 738 (1967). Counsel's motion to
be relieved is granted.

APPEAL DISMISSED.1

FEW, C.J., and SHORT and GEATHERS, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.