Keith Briggs v. State of South Carolina

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

Keith Briggs, Petitioner,

v.

State of South Carolina, Respondent.

Appeal From Clarendon County

John C. Hayes, III, Plea Judge

George C. James Jr., Post-Conviction
Relief Judge

Unpublished Opinion No. 2009-UP-591

Submitted December 1, 2009 – Filed
December 14, 2009   

APPEAL DISMISSED

Appellate Defender Robert M. Pachak, of
Columbia, for Petitioner.

Assistant Attorney General Lance S.
Boozer, 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 both briefs, 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.

SHORT, THOMAS, and
KONDORUS, JJ., concur.

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