Court of Appeals of South Carolina, 2018

Rion Beaty v. State

Rion Beaty v. State
Court of Appeals of South Carolina · Decided January 31, 2018

Rion Beaty v. State

Opinion

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 Rion Beaty, Petitioner, v. State of South Carolina, Respondent.

Appellate Case No. 2016-000492

Appeal From Beaufort County J. Ernest Kinard, Jr., Plea Judge Roger L. Couch, PCR Judge

Unpublished Opinion No. 2018-UP-041 Submitted January 1, 2018 – Filed January 31, 2018

APPEAL DISMISSED

Appellate Defender Lara Mary Caudy, of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson and Assistant Attorney General Ruston Wesley Neely, both 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 court's finding that Petitioner did not knowingly and intelligently waive his right to a direct appeal, we grant certiorari on Petitioner's Question One 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).

We deny certiorari on Petitioner's Question Two.

This appeal is dismissed after review pursuant to Anders v. California, 386 U.S. 738 (1967). Counsel's motion to be relieved is granted.

APPEAL DISMISSED.1 SHORT, KONDUROS, and GEATHERS, JJ., concur.

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

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