State v. Nikolaev

[¶ 1.] Iliya N. Nikolaev appeals his judgment of conviction for third degree rape claiming the trial court erred in accepting his guilty plea without complying with SDCL 23A-7-5. We affirm.

FACTS AND PROCEDURE

[¶2.] On May 19, 1999, Nikolaev was charged with two counts of third degree rape involving his 14-year-old niece. The victim, L.C., immigrated to this country with her father and siblings from Ukraine in October 1998. She testified at the preliminary hearing that her uncle Nikolaev, age 33, had sexual intercourse with her four or five times between October 1998 and March 1999 and that…