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Unpublished Opinion No. 2004-UP- 044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.