State v. Carruthers

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. Alan Bruce Carruthers, Appellant. Appeal From Lexington County G. Thomas Cooper, Jr., Circuit Court Judge Unpublished Opinion No. 2010-UP-301 Submitted May 3, 2010 – Filed June 8, 2010 AFFIRMED Appellate Defender M. Celia Robinson, of Columbia, for Appellant.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. Elliott, and Assistant Attorney General Christina J. Catoe, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent. PER CURIAM: Alan Bruce Carruthers pled guilty to one count of criminal sexual conduct with a minor in the first degree and was sentenced to thirty years' imprisonment. He appeals, arguing his guilty plea failed to comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969). Specifically, Carruthers contends the plea court erred in accepting his plea without first ordering an evaluation to determine his mental competency. We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: In re Antonio H., 324 S.C. 120, 122, 477 S.E.2d 713, 714 (1996) (explaining that when the determination of competency is not raised at the time of the guilty plea, it is procedurally barred on appeal); 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 [p]ost-[c]onviction [r]elief."). AFFIRMED. FEW, C.J., THOMAS and PIEPER, JJ., concur. [1] We decide this case without oral argument pursuant to Rule 215, SCACR.