James 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

Bryant James, Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2011-189778

Appeal From Fairfield County
J. Ernest Kinard, Jr., Circuit Court Judge

Unpublished Opinion No. 2013-UP-395
Submitted September 1, 2013 – Filed October 23, 2013

APPEAL DISMISSED

Appellate Defender LaNelle Cantey DuRant, of
Columbia; and Bryant James, pro se, for Appellant.

Attorney General Alan McCroy Wilson, Chief Deputy
Attorney General John W. McIntosh, Senior Assistant
Deputy Attorney General Salley W. Elliot, and Assistant
Attorney General Suzanne Hollifield White, 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 on Petitioner's Question One 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's direct appeal is dismissed after consideration of Petitioner's pro se brief
and review pursuant to Anders v. California, 386 U.S. 738 (1967). Counsel's
motion to be relieved is granted.

As to Question Two, the petition for a writ of certiorari is denied.

APPEAL DISMISSED.1

SHORT, WILLIAMS, and THOMAS, JJ., concur.

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