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303 S.C. 167

Poston v. State

Supreme Court of South Carolina

Decided June 26, 1989

Supreme Court of South Carolina · decided 1989-06-26

Relies on Anders v. California

Decided 1989-06-26

Chandler, Justice:

¶1State appeals the Circuit Court’s grant of post-conviction relief (PCR) to Respondent, Thomas Toland Poston (Poston).

¶2Poston was convicted in 1976 of armed robbery and sentenced to 21 years. His trial counsel, after filing notice of intent to appeal, filed a no-merit brief pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. (2d) 493 (1967). The appeal was reviewed by this Court and dismissed under Rule 23 of the Supreme Court Rules of Practice.

¶3On September 30,1987, a PCR application was filed by Pos-ton. It was granted by the Circuit Court upon the ground that Poston’s appellate counsel had filed the Andersbrief without Poston’s permission.

¶4It is clear from a reading of Andersthat the decision to file, or not file, a no-merit brief rests soley with appellate counsel. There is no authority to support the Circuit Court’s holding that Poston’s consent to the filing is required.

¶5Moreover, this Court’s full review of Poston’s appeal, as provided for in Anders, accorded Poston his full constitutional and statutory rights.

¶6Accordingly, we reverse the grant of PCR.

¶7Reversed.

Gregory, C.J., and Harwell, Finney and Toal, JJ., concur.
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