Shaw appealed the trial court’s order denying him an out of time appeal. Shaw pled guilty to murder on March 5, 1981, and was sentenced to life imprisonment. Over seven years later he sought an out of time appeal on the ground of ineffective assistance of counsel. He argues that he has an I.Q. of 45 and was not able to enter an intelligent plea and, further, that he did not understand that he would not be allowed to enter a plea of guilty to involuntary manslaughter.
There is no evidence of appellant’s I.Q. in the record. Therefore, we are unable to consider his I.Q. in evaluating his claim of ineffective assistance of counsel. In regard to his contention that his guilty plea was involuntary because of his understanding that he would be allowed to plead guilty to involuntary manslaughter, the record shows otherwise. The court carefully examined the appellant as to the voluntariness of his plea and his understanding of the rights forfeited by pleading guilty. The requirements of Boykin v. Alabama,
Judgment affirmed.
