CourtListener 10155991•Pryor, Sr. v. State of South Carolina
Texte intégral
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
Roland
Pryor, Sr., Petitioner,
v.
State
of South Carolina, Respondent.
Appeal From Aiken County
James R. Barber, III, Plea Judge
D.
Garrison Hill, Post-Conviction Relief Judge
Unpublished Opinion No. 2009-UP-534
Submitted November 2, 2009 Filed November 19, 2009
APPEAL DISMISSED
Appellate Defender LaNelle C. DuRant, of Columbia, for Petitioner.
Attorney General Henry D. McMaster, Chief Deputy
Attorney John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
and Assistant Attorney General Mary
S. Williams, all of Columbia, for
Respondent.
PER CURIAM: This matter is
before the Court on a petition for a writ of certiorari following the dismissal
of Petitioner's application for post-conviction relief (PCR) and the granting of a belated
appeal of Petitioners guilty plea to criminal sexual conduct with a minor in
the second degree. On the direct appeal issue, counsel has submitted a brief
pursuant to Anders v. California, 386 U.S. 738 (1967), asserting petitioners plea was not
voluntarily and knowingly made. Counsel attached to the brief a petition to be
relieved, stating that she had reviewed the record and concluded this appeal
lacks merit. Petitioner did not file a separate pro se brief.
Because evidence
supports the PCR judges 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).
After a thorough review of
the record and counsel's brief, pursuant to Anders and State v.
Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss Petitioners
appeal and grant counsels motion to be relieved.[1]
APPEAL DISMISSED.
HEARN, C.J., and HUFF and
GEATHERS, JJ., concur.
[1] We decide this case without oral argument pursuant to
Rule 215, SCACR.
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