State v. Stone

In State v. Stone, 200 W. Va. 125, 488 S.E.2d 400 (1997). the Court considered whether the failure to give the Rule 11(e)(2) admonition could be considered harmless error. Ultimately, the Court stated that "unless the factual evidence is clear that no substantial rights were disregarded, the harmless error rule of Rule 11(h) 1995 should not be applied." Stone, 200 W. Va. at 129, 488 S.E.2d at 404. In Stone, the Court concluded that the evidence was insufficient to determine that the defendant's substantial rights were not affected. Rule 11(h) of the West Virginia Rules of Criminal Procedure provides: Harmless error.-- Any variance from the procedures required by this rule which does not affect substantial rights shall be disregarded.