On August 20, 1980, Jerry Moore entered a counseled plea of guilty to malice murder and was sentenced to life imprisonment. In March 2009, almost 29 years later, Moore filed a pro se motion to obtain an out-of-time appeal based on allegations that the plea was not knowingly and voluntarily entered, that the arrest warrant was invalid, and that he was denied effective assistance of plea counsel. His motion was denied and Moore appeals, raising the same issues. *856 Because we conclude that these claims do not entitle Moore to an out-of-time appeal, we affirm.
1. Moore contends that he is entitled to an out-of-time appeal because his guilty plea was not entered knowingly and voluntarily. “When a defendant pleads guilty and then seeks an out-of-time appeal from that plea, he must make the threshold showing that he would have been entitled to file a timely direct appeal from the plea because the issues he is raising can be decided from facts appearing in the record.”
Sweeting v. State,
Although Moore asserts that his plea was invalid because the trial court failed to follow the mandates of Uniform Superior Court Rule 33, his 1980 plea predated the Uniform Rules for the Superior Courts (adopted by this Court effective July 1, 1985, and applicable to “all pending cases”).
The record on appeal contains a signed, sworn plea acknowledgment form which Moore completed by hand and in which he verified his ability to read and write, that he had been educated through the *857 11th grade, and that he was not under the influence of drugs or alcohol. He also responded affirmatively on the form to a lengthy series of questions, including his understanding of the indictment, the nature of the charge against him, and the minimum and maximum penalties that could be imposed for the crime. In addition, he acknowledged his understanding of the right to trial by jury, to subpoena witnesses, to remain silent, to confront his accusers, and that by pleading guilty he waived these rights and any defenses to the charge. He further expressed satisfaction with his counsel and acknowledged that they had sufficient time to confer with him prior to the entry of the plea. Finally, Moore averred that his answers on the form were consistent with those he gave in open court, and were true and correct.
The form also contained a sworn, signed certificate of counsel certifying that Moore’s counsel had conferred with him, explained his statutory and constitutional rights, and advised him of the nature of the charges and possible consequences. The form concluded with a certification from the trial judge that Moore was sworn in open court where the questions contained in the plea form were posed to him and that he responded in accordance with his answers on the form. The court also certified that Moore “pled guilty as charged in the bill of indictment,” that he understood the charges against him and the consequences of a guilty plea, and that the plea was “voluntarily, freely, knowingly, and understanding^ made, and is made without undue influence, compulsion, or duress, and without promise of leniency.” In accordance therewith, the court accepted the plea.
In connection with the motion for an out-of-time appeal, Moore requested that the clerk of court provide him with a transcript of the 1980 plea proceedings. The clerk responded that a transcript could not be provided because the court reporter had not filed one. Thus, while we have no transcript of the plea colloquy in open court, “we are not faced in this case with a silent record, but a record which shows that [Moore] understood the nature of the charges against him and the consequences of his guilty plea and that the plea was not induced by coercion, but was voluntarily entered.”
Goodman v. Davis,
2. Moore further asserts that the affidavits in support of his arrest warrant were insufficient to establish probable cause. “ ‘With a few limited exceptions
, a
plea of guilty generally waives all defenses except that based on the knowing and voluntary nature of the plea.’ [Cits.]”
Hicks v. State,
3. Finally, Moore submits that his trial counsel were ineffective because they failed to properly investigate the validity of the arrest warrant. In order for an out-of-time appeal to be available on the grounds of ineffective assistance of counsel, the defendant must necessarily have had the right to file a direct appeal.
Grantham v. State,
Judgment affirmed.
Notes
Currently, plea proceedings must comply with USCR 33, as well as the federal constitutional requirements set out in
Boykin,
supra. See
Britt v. Smith,