Robert English pled guilty to two counts of burglary and one count of entering an automobile with intent to commit theft. Acting pro se, he now appeals the trial court’s denial of his motion for an out-of-time appeal of his guilty plea, arguing that no factual bases support the charges to which he pled guilty and that his plea was not knowingly and intelligently entered. Mr. English further contends that his former counsel’s alleged failures to ensure that he knowingly and intelligently entered into the plea and to inform him of his right to appeal constituted ineffective assistance. For the reasons set forth infra , we affirm the trial court’s decision. The undisputed record shows that Mr. English was charged in 2001 via accusation with two counts of burglary,1 one count of entering an automobile with the intent to commit theft,2 and one count of possession of cocaine.3 He agreed to plead guilty to the two burglary charges and the entering-an-automobile charge in return for the State agreeing to nolle pros the possession charge. Prior to his plea hearing, Mr. English, with assistance from counsel, completed and signed an “Advice and Waiver of Rights” form that informed him of the charges to which he was pleading guilty, and advised him that in doing so he was waiving certain federal and state constitutional rights —including the right to trial by jury, the presumption of innocence, the right to confront his accusers, the right to subpoena witnesses, the right to testify and offer other evidence, the right to assistance of counsel, and the right not to incriminate himself.
At his March 8, 2001 guilty-plea hearing which his counsel attended, the trial court discussed the charges and potential sentences with Mr. English and went over the plea form to ensure that he understood the constitutional rights he was waiving by pleading guilty. Thereafter, Mr. English confirmed that he was satisfied with his counsel’s representation and that he still wanted to plead guilty to the charges. Consequently, the trial court found that Mr. English’s plea was freely and voluntarily given.
