Sabb 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

Bobby A. Sabb, Petitioner,

v.

State of South Carolina, Respondent.

ON WRIT OF CERTIORARI

Appeal from Clarendon County

Thomas W. Cooper, Jr., Circuit Court Judge

Paula H. Thomas, Post-Conviction Relief Judge

Unpublished Opinion No. 2008-UP-276

Submitted April 1, 2008 – Filed May 22, 2008

APPEAL DISMISSED

Appellate Defender Lanelle C. Durant, of Columbia, for Petitioner.

Attorney
General Henry D. McMaster, Chief Deputy Attorney John W. McIntosh, Assistant
Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Lance
Boozer, 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 is entitled to a belated 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[1] Petitioner’s appeal. Counsel’s motion to be relieved
is granted.

APPEAL DISMISSED.

HUFF, KITTREDGE,
and WILLIAMS, JJ., concur.

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