A defendant may plead not guilty, guilty or, with the consent of the court, nolo contendere. The court may refuse to accept a plea of guilty and shall not accept such plea or a plea of nolo contendere without first addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge and the consequences of the plea. If a defendant refuses to plead or if the court refuses to accept a plea of guilty or if a defendant corporation fails to appear, the court shall enter a plea of not guilty. The court shall not enter a judgment upon a plea of guilty or nolo contendere unless it is satisfied that there is a factual basis for the plea.
R.I. Super. Ct. R. Crim. P. 11
1972 Notes
Rule 11 is the same as its federal counterpart except for the requirement in the final sentence that before entering judgment on a plea the court be satisfied that there exists a basis for a plea of nolo contendere as well as guilty. Cf. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). The proposed rule is in accord with existing Rhode Island practice. The rule's requirement that the court make inquiry of the defendant personally to determine that a plea of guilty or nolo contendere is made voluntarily and with knowledge reflects Rhode Island standards (e.g., Flint v. Sharkey, 107 R.I. 530, 268 A.2d 714 (1970); Cole v. Langlois, 99 R.I. 138, 206 A.2d 216 (1965); Harris v. Langlois, 100 R.I. 196, 212 A.2d 715 (1965)), as well as the requirements of due process under the Fourteenth Amendment. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). Where a plea has been accepted without conforming to the requirements of the rule, the defendant's plea must be set aside and he is entitled to plead anew. McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969).