MO-032 - Patton v. State

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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 Supreme Court Cedric Cassare Patton, Petitioner, v. State of South Carolina, Respondent. Appellate Case No. 2013-001029 Appeal From Greenville County The Honorable G. Edward Welmaker, Circuit Court Judge Memorandum Opinion No. 2014-MO-032 Submitted July 10, 2014 Filed July 30, 2014 APPEAL DISMISSED Wanda H. Carter, Esquire, of Columbia, for Petitioner. Karen Christine Ratigan, Esquire, of Columbia, 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 I 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). Counsel for petitioner has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967) and a petition to be relieved as counsel. Petitioner has not filed a pro se response. After a thorough review of the record pursuant to Anders we dismiss the appeal and grant the petition to be relieved as counsel. DISMISSED. TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.

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