Chance 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

Andrew Chance, Petitioner,

v.

State of South Carolina, Respondent.

Appeal From Richland County

 Roger M. Young, Circuit Court Judge

Unpublished Opinion No.  2010-UP-512

Submitted November 1, 2010 – Filed
November 23, 2010 

APPEAL DISMISSED

Senior Appellate Defender Joseph L. Savitz III, of Columbia, for
Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
and Assistant Attorney General Brian T. Petrano, 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 evidence supports 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), and White v. State,
263 S.C. 110, 208 S.E.2d 35 (1974).

After
a thorough review of the record and Petitioner'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.

HUFF, KONDUROS,
and LOCKEMY, JJ., concur.

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