James Williams 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

James Williams, Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2019-001608

Appeal From Lexington County
Grace Gilchrist Knie, Plea Judge
Walton J. McLeod, IV, Post-Conviction Relief Judge

Unpublished Opinion No. 2022-UP-384
Submitted September 1, 2022 – Filed October 19, 2022

AFFIRMED

Appellate Defender Jessica M. Saxon, of Columbia, for
Petitioner.

Attorney General Alan McCrory Wilson and Assistant
Attorney General Lillian Loch Meadows, 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). We deny certiorari on
Petitioner's Question Two.

On direct appeal, Petitioner argues the plea court erred in failing to allow him to
address the court prior to the imposition of his sentence. Because Petitioner did
not object at the plea hearing, we affirm pursuant to Rule 220(b), SCACR, and the
following authority: State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693
(2003) ("In order for an issue to be preserved for appellate review, it must have
been raised to and ruled upon by the [plea court]."); id. at 142, 587 S.E.2d at
693-94 ("Issues not raised and ruled upon in the [plea] court will not be considered
on appeal.").

AFFIRMED. 1

KONDUROS, HEWITT, and VINSON, JJ., concur.

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