Hutchins 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 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Adam DeWayne
Hutchins, Petitioner,

v.

State of South Carolina, Respondent.

ON WRIT OF CERTIORARI

Appeal from Spartanburg County

J. Derham Cole, Trial Judge

Doyet A. Early, III, Post-Conviction Relief Judge

Unpublished Opinion No. 2009-UP-099

Submitted February 2, 2009 – Filed February 24, 2009

APPEAL DISMISSED

Appellate Defender Kathrine H. Hudgins, of Columbia, for
Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General, John W. McIntosh, Assistant Deputy Attorney General, Salley W.
Elliott, Assistant Attorney General S. Prentiss Counts, 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 sufficient evidence supports the PCR court's finding
Petitioner did not knowingly and intelligently waive his right to a direct
appeal, we grant the petition for a writ of 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 Petitioner's appeal and grant counsel's
motion to be relieved.[1]

APPEAL DISMISSED.

HEARN,
C.J., PIEPER and LOCKEMY, JJ., concur.

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