Monroe 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

Joshua Monroe, Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2015-002434

Appeal From Charleston County
J. C. Nicholson, Jr., Plea Judge
Roger M. Young, Sr., Plea Judge
Larry B. Hyman, Post-Conviction Relief Judge

Unpublished Opinion No. 2018-UP-028
Submitted January 1, 2018 – Filed January 17, 2018

APPEAL DISMISSED

Appellate Defender Lara Mary Caudy, of Columbia, for
Petitioner.

Assistant Attorney General Ruston Wesley Neely, of
Columbia, for Respondent.

PER CURIAM: Petitioner seeks a writ of certiorari from the denial of his
application for post-conviction relief (PCR).
Evidence supports the PCR court's dismissal of Petitioner's claim of ineffective
assistance of counsel. Accordingly, we deny certiorari on this issue. See Speaks v.
State, 377 S.C. 396, 399, 660 S.E.2d 512, 514 (2008) ("On appeal, the PCR court's
ruling should be upheld if it is supported by any evidence of probative value in the
record.").

Because evidence supports the PCR court's finding Petitioner did not knowingly
and intelligently waive his right to a direct appeal, we grant certiorari on this issue,
dispense with further briefing, 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).

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

APPEAL DISMISSED. 1

WILLIAMS, THOMAS, and MCDONALD, JJ., concur.

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