PER CURIAM
The Supreme Court Committee on Criminal Practice has submitted two proposed amendments to the Rules of Criminal Procedure. We agree with the Committee's recommendations with respect to Rule 8.2(b) and in part with respect to Rule 24.3(b). The amendments which we accept are explained below in the Reporter's Notes which accompany each proposal, and the changes are illustrated in the footnotes. We express our gratitude to the members of the Criminal Practice Committee for their work.
At this time, we adopt the amendments to Rule 8.2(b) and Rule 24.3(b), effective immediately, and republish the Rules and Reporter's Notes as set out below.
Rule 8.2(b) [new language in italics] Whenever an indigent accused is charged with a criminal offense and, upon being brought before any court, does not knowingly and intelligently waive the appointment of counsel to represent him, the court shall appoint counsel to representhim the indigent, unless he the indigent is charged with a misdemeanor and the court has determined that under no circumstances willimprisonment incarceration be imposed as a part of the punishment if he the indigent is found guilty. A suspended or probationary sentence to incarceration shall be considered a sentence to incarceration if revocation of the suspended or probationary sentence may result in the incarceration of the indigent without the opportunity to contest guilt of the offense for which incarceration is imposed.
24.3(b) [new language in italics] With the approval of the court and the consent of the prosecuting attorney, a defendant may enter a conditional plea of guilty or nolo contendere, reserving in writing the right, on appeal from the judgment, to review of an adverse determination of a pretrial motion to suppress seized evidence or a custodial statement. If the defendant prevails on appeal, he the defendant shall be allowed to withdraw his the conditional plea.
RULES OF CRIMINAL PROCEDURE RULE 8.2. APPOINTMENT OF COUNSEL
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(b) Whenever an indigent is charged with a criminal offense and, upon being brought before any court, does not knowingly and intelligently waive the appointment of counsel, the court shall appoint counsel to represent the indigent, unless the indigent is charged with a misdemeanor and the court has determined that under no circumstances will incarceration be imposed as a part of the punishment if the indigent is found guilty. A suspended or probationary sentence to incarceration shall be considered a sentence to incarceration if revocation of the suspended or probationary
sentence may result in the incarceration of the indigent without the opportunity to contest guilt of the offense for which incarceration is imposed.
Reporter's Note, 2003 Amendments: The amendments made two changes to subsection (b). The word "imprisonment" was replaced with the word "incarceration" to avoid any implication that the right to counsel attaches only when the defendant faces confinement in state prison. The final sentence was added to incorporate the United States Supreme Court holding in
Alabama v. Shelton, 535 U.S. 654, 122 S.Ct. 1764, 152 L.Ed.2d 888 (2002).
RULE 24.3. PLEADING BY DEFENDANT
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(b) With the approval of the court and the consent of the prosecuting attorney, a defendant may enter a conditional plea of guilty or nolo contendere, reserving in writing the right, on appeal from the judgment, to review of an adverse determination of a pretrial motion to suppress seized evidence or a custodial statement. If the defendant prevails on appeal, the defendant shall be allowed to withdraw the conditional plea.
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Reporter's Note, 2003 Amendment: Subsection (b) was amended to clarify that a defendant may reserve the right to appeal following an adverse determination on a motion to suppress a custodial statement as well as a motion to suppress seized evidence.