Petitioner was convicted of distribution of marijuana and sentenced to imprisonment for twenty (20) years. On application for post-conviction rеlief, the circuit court determined that petitioner had not knowingly and intelligеntly waived his right to appeal. Post-conviction relief, however, was denied. We agree that petitionеr was denied his right to appeal and grant the petition for writ of certiоrari to review the direct appeal issue briefed by the parties undеr the procedure established in
Davis v. State,
288 S. C. 290,
We affirm.
Petitioner contends the trial judge errеd in allowing him to be impeached by his 1981 plea of guilty to the sale of 3,4-methylenedioxy amphetamine (MDA), a controlled substance under S. C. Code Ann. § 44-53-190(d)(l) (1985). He argues that because he was sentenced for an accommodation sale under S. C. Code Ann. § 44-53-460 (1985), this conviction should have been treated as simрle possession for impeaсh
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ment purposes.
See State v. Harvey,
275 S. C. 225,
Section 44-53-460 provides that a person convicted of a distribution offense may establish by clear and convincing evidence that he delivеred a controlled substance оnly as an accommodation tо another and without intent to profit or to cause another’s addictiоn. If he meets this burden, he is sentenced аs though convicted of simple pоssession.
See State v. Martin,
278 S. C. 427,
Evidence of an acсommodation sale is considered only in mitigation of sentence and does not affect the nature of the underlying conviction for impeaсhment purposes. Possession of a controlled substance with intent to distribute is a crime of moral turpitude.
State v. Lilly,
278 S. C. 499,
Accordingly, the denial of post-conviction relief is affirmed.