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State of South Dakota Plaintiff and Appellee v. Iliya N. Nikolaev Defendant and Appellant [2000 SD 142] South Dakota Supreme Court Appeal from the Circuit Court of The Seventh Judicial Circuit Pennington County, South Dakota Hon. Merton B. Tice, Jr., Judge Mark Barnett, Attorney General Ann C. Meyer, Assistant Attorney General Pierre, South Dakota Attorneys for plaintiff and appellee D. Sonny Walter Sioux Falls, South Dakota Attorneys for defendant and appellant Considered October 25, 2000 Opinion Filed Nov 15, 2000 PER CURIAM [¶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-yearold 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 this sexual abuse began 2-3 days after her arrival in Rapid City. [¶3.] Although Nikolaev indicated he could

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South Dakota Law