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Fulmer v. State

STATE OF SOUTH CAROLINA In The Court of Appeals
Oct 7, 2020

PER CURIAM

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. Appeal From Pickens County
Robin B. Stilwell, Trial Judge
George C. James, Jr., Post-Conviction Relief Judge

APPEAL DISMISSED

Appellate Defender Kathrine Haggard Hudgins, 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). 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 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. Petitioner's direct 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. HUFF, WILLIAMS, and GEATHERS, JJ., concur.

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