Garner 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

Dycippa Garner, Petitioner,

v.

State of South
Carolina, Respondent.

ON WRIT OF CERTIORARI

Appeal From Orangeburg County

Edward B. Cottingham, Trial Judge

James C. Williams, Jr., Post-Conviction
Relief Judge

Unpublished Opinion No. 2010-UP-186

Submitted March 1, 2010 – Filed March 3,
2010 

APPEAL DISMISSED

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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
and Assistant Attorney General Lance Boozer, all of Columbia, for Respondent.

PER
CURIAM:  Petitioner seeks a writ of certiorari from
the denial of his application for post-conviction relief (PCR). 

Because evidence supports the PCR judge's finding that Petitioner
did not knowingly and intelligently waive his right to a direct appeal, we
grant 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), and White v. State,
263 S.C. 110, 208 S.E.2d 35 (1974).  Regarding Petitioner's remaining PCR
issues, the petition for certiorari is denied.    

After
a thorough review of the record and counsel's brief, pursuant to Anders v.
California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C.
116, 406 S.E.2d 357 (1991), we dismiss Petitioner's appeal and grant counsel's motion to be relieved.[1]

APPEAL
DISMISSED.

HUFF, THOMAS,
and KONDUROS, JJ., concur.

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