Opinion
CR-93-432.
September 30, 1994. Rehearing Denied November 10, 1994. Certiorari Quashed October 13, 1995 Alabama Supreme Court 1940305.
Appeal from Etowah Circuit Court (CC-92-1213); Donald Stewart, Judge.
Charles Hart, Gadsden, for appellant.
James H. Evans, Atty. Gen. and Steve Willoughby, Asst. Atty. Gen., for appellee.
AFFIRMED. NO OPINION.
All Judges concur except TAYLOR, J., dissents with opinion.
I respectfully dissent from the majority's holding in its unpublished memorandum that the failure of the court to indicate its satisfaction that a factual basis for the plea existed before accepting the appellant's plea was harmless error under Rule 45, Ala.R.App.P. The harmless error analysis is not appropriate here. Rule 14.4, Ala.R.Crim.P., requires that the court be satisfied that there is a factual basis for the plea before accepting a guilty plea. The potential for injury in abrogating this requirement is both obvious and implicit.