IT IS ORDERED that Rule 14.4, Alabama Rules of Criminal Procedure, is amended to read as follows:

"(a) Colloquy With Defendant. In all minor misdemeanor cases, the execution of a form similar to Form C-44B will be sufficient and no colloquy shall be required. In all other cases, except where the defendant is a corporation or an association, the court shall not accept a plea of guilty without first addressing the defendant personally in the presence of counsel in open court for the purposes of:

"(1) Ascertaining that the defendant has a full understanding of what a plea of guilty means and its consequences, by informing the defendant of and determining that the defendant understands:

"(i) The nature of the charge and the material elements of the offense to which the plea is offered;

"(ii) The mandatory minimum penalty, if any, and the maximum possible penalty provided by law, including any enhanced sentencing provisions;

"(iii) If applicable, the fact that the sentence may run consecutively to or concurrently with another sentence or sentences;

"(iv) The fact that the defendant has the right to plead not guilty, not guilty by reason of mental disease or defect, or both not guilty and not guilty by reason of mental disease or defect, and to persist in such a plea if it has already been made, or to plead guilty;

"(v) The fact that the defendant has the right to remain silent and may not be compelled to testify or give evidence against himself or herself, but has the right, if the defendant wishes to do so, to testify on his or her own behalf;

"(vi) The fact that, by entering a plea of guilty, the defendant waives the right to trial by jury, the right to confront witnesses against him or her, the right to cross-examine witnesses or have them cross-examined in the defendant's presence, the right to testify and present evidence and witnesses on the defendant's own behalf, and the right to have the aid of compulsory process in securing the attendance of witnesses;

"(vii) The fact that, if the plea of guilty is accepted by the court, there will not be a further trial on the issue of the defendant's guilt; and

"(viii) The fact that there is no right to appeal unless the defendant has, before entering the plea of guilty, expressly reserved the right to appeal with respect to a particular issue or issues, in which event appellate review shall be limited to a determination of the issue or issues so reserved; and

"(2) Determining that the plea is voluntary and not the result of force, threats, or coercion, nor of any promise apart from the plea agreement that has been disclosed to the court as provided in Rule 14.3(b); and

"(3) Giving the defendant an opportunity to state any objections he or she may have to defense counsel or to the manner in which defense counsel has conducted or is conducting the defense.

"(b) Factual Basis for Plea. Notwithstanding the acceptance of a plea of guilty, the court shall not enter a judgment upon such plea without being satisfied that there is a factual basis for the plea.

"(c) Record of Proceedings. A verbatim record of the proceedings at which the defendant enters a plea of guilty to a felony shall be made; provided, however, that in the district court such record may be made by mechanical or electronic recording certified by the judge accepting the plea. A copy of a written Explanation of Rights and Plea of Guilty similar to Forms C-44B, CR-51, and CR-52 or, in the case of a youthful offender, Form C-44A, executed by the defendant, the defendant's attorney, if any, and the court, shall be filed and made a part of the record.

"(d) Use of Form. The court may comply with the requirements of Rule 14.4(a) by determining from a personal colloquy with the defendant that the defendant has read, or has had read to the defendant, and understands each item contained in Form C-44B, CR-51, CR-52, or Form C-44A, as the case may be.

"(e) Withdrawal of Guilty Plea. The court shall allow withdrawal of a plea of guilty when necessary to correct a manifest injustice. Upon withdrawal of a guilty plea, the charges against the defendant as they existed before any amendment, reduction, or dismissal made as part of a plea agreement shall be reinstated automatically."

IT IS FURTHER ORDERED that the following Court Comment be added to the Comments following Rule 14.4:

"Court Comment to Amendment Effective August 1,

2002.

"This amendment added sub-subsection (a)(1)(viii) requiring that the defendant be informed that he or she has no right to appeal unless the defendant, before entering the guilty plea, reserves the right to appeal with respect to a particular issue. It added subsection (a)(3) requiring the trial court, before accepting a guilty plea, to give the defendant the opportunity to object to the way defense counsel had conducted the defense. It also changed the form numbers in the rule to correspond to the Appendix of Forms currently published with the Rules of Criminal Procedure. Rule 26.9 governs a defendant's appeal rights in the event the court rejects a plea bargain, the defendant moves to withdraw a plea, and that motion is denied."

IT IS FURTHER ORDERED that this amendment and the adoption of the Court Comment shall be effective August 1, 2002.

IT IS FURTHER ORDERED that the following note from the reporter of decisions be added to follow Rule 14.4:

"Note from the reporter of decisions: The order amending Rule 14.4, effective August 1, 2002, is published in that volume of Alabama Reporter that contains Alabama cases from ___ So. 2d."

Moore, C.J., and Houston, See, Lyons, Brown, Johnstone, Harwood, Woodall, and Stuart, JJ., concur.