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2004-UP-629 - State v. Mitchell

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

The State, Respondent,

v.

Bucky Mitchell, Appellant.


Appeal From Richland County
 G. Thomas Cooper, Jr., Circuit Court Judge


Unpublished Opinion No.  2004-UP-629
Submitted December 1, 2004 – Filed December 14, 2004


DISMISSED


Assistant Appellate Defender Tara S. Taggart, of Columbia, for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General W. Rutledge Martin, all of Columbia; and Solicitor Warren Blair Giese, of Columbia, for Respondent.

PER CURIAM: Bucky Mitchell appeals the lower court’s acceptance of his guilty plea.  We dismiss. [1]  

FACTS

In December 2000, a Richland County grand jury indicted Bucky Mitchell on four counts: two kidnapping charges and two charges of criminal sexual conduct with a minor in the second degree.  Prior to opening statements at trial, Mitchell entered a negotiated plea of guilty but mentally ill on a single count of criminal sexual conduct with a minor and the State dismissed the other charges.  The lower court accepted Mitchell’s plea and sentenced him to seven years.  This appeal follows.           

LAW/ANALYSIS

Mitchell argues that his guilty plea failed to comply with Boykin v. Alabama, 395 U.S. 238 (1969), which requires guilty pleas be voluntarily and intelligently made.  We find that Mitchell failed to properly preserve the issue below.  Mitchell made no objection at the plea proceeding.  Failure of a defendant to assert that his guilty plea was not knowing and intelligent precludes consideration of the issue on appeal.  State v. McKinney, 278 S.C. 107, 108, 292 S.E.2d 598, 599 (1982).  The proper avenue in which to challenge a guilty plea that was not objected to at the time of its entry is through post-conviction relief.  In re Antonio H., 324 S.C. 120, 477 S.E.2d 713 (1996). 

DISMISSED.

ANDERSON, STILWELL, and SHORT JJ., concur.


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