Jones 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

Kendeal Jones, Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2017-002556

Appeal From Spartanburg County
J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2021-UP-002
Submitted October 1, 2020 – Filed January 6, 2021

APPEAL DISMISSED

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

Senior Assistant Deputy Attorney General Megan
Harrigan Jameson, 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 claims 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 there is sufficient evidence to support the PCR court's finding that
Petitioner did not knowingly and intelligently waive his right to a direct appeal, we
grant certiorari as to Petitioner's PCR issue 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).

On direct appeal, Petitioner argues the trial court erred in not granting a directed
verdict and new trial. After review pursuant to Anders v. California, 386 U.S. 738
(1967), Petitioner's direct appeal is dismissed. Counsel's motion to be relieved is
granted.

APPEAL DISMISSED.1

KONDUROS, MCDONALD, and HEWITT, JJ., concur.

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