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Gregory Lee Murphy, Petitioner, v. State of South Carolina, Respondent. Appellate Case No. 2016-002445

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.

Submitted April 17, 2018

Appeal From Oconee County, Lower Court Case No. 2013-CP-37-00812 The Honorable Edgar W. Dickson, Circuit Court Judge.

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

Attorney General Alan M. Wilson and Assistant Attorney General Lindsey Ann McCallister, both of Columbia, for Respondent.

MEMORANDUM OPINION

PER CURIAM.

Petitioner seeks a writ of certiorari from an order of the circuit court denying his application for post-conviction relief (PCR), but finding he was entitled to a belated review of any direct appeal issues pursuant to White v. State, 263 S.C. 110, 208 S.E.2d 35 (1974).

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 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 dismiss this matter pursuant to Rule 220(b)(1), SCACR, after consideration of petitioner's brief and careful review of the record pursuant to Anders v. California, 386 U.S. 738 (1967). Counsel's motion to be relieved is granted.

DISMISSED.

BEATTY, C.J., KITTREDGE, HEARN, FEW and JAMES, JJ., concur.

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Murphy v. State
(May 9, 2018)