CourtListener 10137953•State v. Mitchell
Texte intégral
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Unpublished Opinion No. 2004-UP-629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 courts 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 Mitchells 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.
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