Harris v. State

CourtListener 10148122Scctapp11 set 2013

Testo completo

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

Albert Twain Harris, Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2011-188053

Appeal From Spartanburg County
Roger M. Young, Circuit Court Judge

Unpublished Opinion No. 2013-UP-355
Submitted July 1, 2013 – Filed September 11, 2013

APPEAL DISMISSED

Appellate Defender Robert M. Pachak, of Columbia; and
Albert Twain Harris, pro se, for Petitioner.

Assistant Attorney General Matthew J. Friedman, 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 court'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).

Petitioner appeals his convictions of first-degree burglary, armed robbery, and
involuntary manslaughter. After a thorough review of the record and all briefs
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.

APPEAL DISMISSED.1

FEW, C.J., and GEATHERS and LOCKEMY, JJ., concur.

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

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