McCrea 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

Michael
T. McCrea, Petitioner,

v.

State
of South Carolina, Respondent.

Appeal From Georgetown County

Larry R.
Patterson, Trial Judge

 Steven H. John, Post-Conviction Relief Judge

Unpublished Opinion No. 2009-UP-309

Submitted June 1, 2009 – Filed June 11, 2009

APPEAL DISMISSED

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

Attorney
General Henry D. McMaster, Chief Deputy Attorney John W. McIntosh, Assistant
Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Christina J. Catoe, 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
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 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
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[1] Petitioner’s appeal and grant counsel’s motion to be
relieved.

APPEAL
DISMISSED.

HUFF, PIEPER, and GEATHERS, JJ., concur.

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