THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Anthony Oliphant, Petitioner,

v.

State of South Carolina, Respondent.


ON WRIT OF CERTIORARI


Appeal From Aiken County
James R. Barber, III, Trial Judge
 Doyet A. Early, III, Post-Conviction Relief Judge


Unpublished Opinion No. 2008-UP-275
Submitted April 1, 2008 – Filed May 22, 2008   


APPEAL DISMISSED


Deputy Chief Attorney Wanda H. Carter, of Columbia for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General, John W. McIntosh, Assistant Deputy Attorney General, Salley W. Elliott, Assistant Attorney General Ashley McMahan, all of Columbia, for Respondent.

PER CURIAM: Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR).  The State does not object to the PCR judge’s finding that petitioner did not knowingly and intelligently waive his right to a direct appeal.  Accordingly, we grant the petition for a writ of 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).

Petitioner’s appeal is dismissed,[1] after consideration of his counsel’s brief and review pursuant to Anders v. California, 386 U.S. 738 (1967).  Counsel’s motion to be relieved is granted.

APPEAL DISMISSED.

HUFF, KITTREDGE, and WILLIAMS, JJ., concur.


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