Crocker v. State

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Terry Randall
Crocker, Petitioner

v.

State of South Carolina, Respondent

Appeal From Spartanburg County

 Roger L. Couch, Circuit Court Judge

Unpublished Opinion No. 2007-UP-385

Submitted September 1 2007 – Filed
September 21, 2007   

DISMISSED

Assistant
Appellate Defender Robert M. Pachak, South Carolina Commission, of Columbia, Terry Randall Crocker, of Pelzer, for Petitioner.

Assistant
Attorney General Molly R. Crum, of Columbia, for Respondent.

PER
CURIAM:  Petitioner seeks a writ of
certiorari from the partial grant and partial denial of his application for
post-conviction relief (PCR).[1]

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 on petitioner’s request for belated review of the direct appeal 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 appeal,
Crocker’s counsel argues Crocker’s guilty plea was not entered knowingly and
voluntarily when he did not demonstrate a knowledge of the law in relation to
the facts.  Crocker’s counsel attached a petition to
be relieved, stating he reviewed the record and concluded this appeal lacks
merit.  Crocker also submitted a pro se response brief
reiterating counsel’s argument and making additional arguments  Pursuant to Anders
v. California, 386 U.S. 738 (1967) and State v. Williams, 305 S.C.
116, 406 S.E.2d 357 (1991), after a thorough review of the record, counsel’s
brief, and Crocker’s pro se brief, we dismiss the appeal and
grant counsel’s motion to be relieved.[2]

DISMISSED.

HEARN, C.J., and
HUFF and KITTREDGE, JJ., concur.

[1]  Crocker argues his plea was not voluntarily made. 
The PCR judge rejected this argument finding Crocker’s testimony was not
credible.  Furthermore, the record from the guilty plea establishes that
Crocker entered a free, voluntary, and knowing plea.  Because there is evidence
in the record to support the PCR judge’s decision, we deny certiorari on Crocker’s
allegation his plea was involuntarily made.  See Caprood v. State,
338 S.C. 103, 109-10, 525 S.E.2d 514, 517 (2000) (explaining that the existence
of any evidence is sufficient to uphold the PCR judge’s ruling).

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