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2010-UP-129 - The State v. Andrew Osimbo

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Andrew Meshach Osimbo, Appellant.


Appeal From Richland County
J. Michelle Childs, Circuit Court Judge


Unpublished Opinion No. 2010-UP-129
Submitted January 4, 2010 – Filed February 17, 2010  


AFFIRMED


Appellate Defender M. Celia Robinson, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliot, Senior Assistant Attorney General Norman Mark Rapoport and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM: Andrew Meshach Osimbo appeals his guilty pleas to lewd act upon a child and assault with intent to commit criminal sexual conduct in the second degree. Specifically, he maintains his guilty pleas failed to conform with the mandates set forth in Boykin v. Alabama because the plea judge failed to adequately inform him of the constitutional rights he waived by entering a guilty plea. 395 U.S. 238 (1969). We affirm[1] pursuant to Rule 220(b), SCACR, and State v. McKinney, 278 S.C. 107, 108, 292 S.E.2d 598, 599 (1982) (holding absent timely objection at plea proceeding, unknowing and involuntary nature of guilty plea can be attacked  

AFFIRMED.

WILLIAMS, PIEPER, and LOCKEMY, JJ., concur. 


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