Court of Appeals of South Carolina, 2021

Jones v. . State

Jones v. . State
Court of Appeals of South Carolina · Decided January 6, 2021

Jones 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 Kendeal Jones, Petitioner, v. State of South Carolina, Respondent.

Appellate Case No. 2017-002556

Appeal From Spartanburg County J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2021-UP-002 Submitted October 1, 2020 – Filed January 6, 2021

APPEAL DISMISSED

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Petitioner.

Senior Assistant Deputy Attorney General Megan Harrigan Jameson, of Columbia, for Respondent.

PER CURIAM: Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR).

Evidence supports the PCR court's dismissal of Petitioner's claims of ineffective assistance of counsel. Accordingly, we deny certiorari on this issue. See Speaks v. State, 377 S.C. 396, 399, 660 S.E.2d 512, 514 (2008) ("On appeal, the PCR court's ruling should be upheld if it is supported by any evidence of probative value in the record.").

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 as to Petitioner's PCR issue 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).

On direct appeal, Petitioner argues the trial court erred in not granting a directed verdict and new trial. After review pursuant to Anders v. California, 386 U.S. 738 (1967), Petitioner's direct appeal is dismissed. Counsel's motion to be relieved is granted.

APPEAL DISMISSED.1 KONDUROS, MCDONALD, and HEWITT, JJ., concur.

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

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