Folks 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 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Leon Folks, Petitioner

v.

State of South Carolina, Respondent

ON WRIT OF CERTIORARI

Appeal From Aiken County

James C. Williams, Jr., Trial Judge

 Doyet A. Early, III, Post-Conviction
Relief Judge

Unpublished Opinion No. 2008-UP-266

Submitted April 1, 2008 – Filed May 16,
2008   

APPEAL DISMISSED

Deputy Chief Attorney Wanda H. Carter, of Columbia; and Leon Folks, of Bennettsville; for Petitioner.

Assistant Attorney General Ashley McMahan, of Columbia; for Respondent.

PER CURIAM: Petitioner
seeks a writ of certiorari from the denial of his application for
post-conviction relief (PCR).  The State concedes to the PCR judge’s finding
that petitioner did not knowingly and intelligently waive his right to a direct
appeal.  Accordingly, we grant the petition for a writ of certiorari 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 appeal is dismissed,[1] after consideration of counsel’s brief and review pursuant to Anders v.
California, 386 U.S. 738 (1967).  Counsel’s motion to be relieved is
granted.

APPEAL DISMISSED.

Huff, Kittredge and Williams,
JJ., concur.

[1] We decided this case without oral argument pursuant
to Rule 215, SCACR.