Bates 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

Quinton
Bates, Petitioner,

v.

State
of South Carolina, Respondent.

Appeal From Aiken County

William P. Keesley, Plea Judge

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

Unpublished Opinion No. 2009-UP-308

Submitted June 1, 2009 –Filed June 11, 2009

APPEAL DISMISSED

Appellate Defender Elizabeth Franklin-Best, 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 S. 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 evidence supports the PCR judge'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 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.             

HUFF, PIEPER,
and GEATHERS, JJ., concur.

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