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2004-UP-044 - State v. Adkins

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Randall Theodore Adkins,        Appellant.


Appeal From Anderson County
J. Cordell Maddox, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP- 044
Submitted November 19, 2003 – Filed January 21, 2004


AFFIRMED


S. Paul Aaron of Clemson, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia;  and Solicitor Druanne Dykes White, of Anderson, for Respondent.

PER CURIAM:  Appellant, Randall Theodore Adkins, pled guilty to committing a lewd act upon a child under the age of sixteen.  The trial judge accepted Adkins’ guilty plea and sentenced him to three years imprisonment, suspended with probation for five years.  Adkins appeals, contending he did not intelligently, knowingly, and voluntarily enter a plea of guilty because neither the trial judge nor his attorney informed him of the requirement that he register as a sexual offender as a consequence of his plea.  We affirm pursuant to Rule 220(b)(2), SCACR and the following authorities:  State v. Barton, 325 S.C. 522, 530 n. 6, 481 S.E.2d 439, 443 n. 6 (Ct. App. 1997) (any challenge to the knowing and voluntary nature of appellant’s plea could be raised only in a petition for post-conviction relief); In the Interest of Antonio H., 324 S.C. 120, 122, 477 S.E.2d 713, 714 (1996) (where sole issue before appellate court was competency to enter plea and issue was not raised at the time of the plea, issue was procedurally barred; proper avenue to challenge a guilty plea which was not objected to at the time of its entry was through post-conviction relief); State v. McKinney, 278 S.C. 107, 108, 292 S.E.2d 598, 599 (1982) (absent timely objection at a plea proceeding, the unknowing and involuntary nature of a guilty plea can only be attacked through the more appropriate channel of post-conviction relief).

AFFIRMED.

HUFF, STILWELL, and BEATTY, JJ., concur.