State v. Eugene

I agree wholly that the trial court erred in admitting Eugene’s two prior convictions. I disagree that the error is harmless.

Harmless error is defined as “any error, defect, irregularity or variance which does not affect substantial rights.” NDRCrimP *6972(a). Stated simply, harmless error is error that is not prejudicial to the defendant. State v. Schimmel, 409 N.W.2d 335, 339 (N.D.1987). We have held many evidentiary errors to be harmless error. See, e.g., Schimmel, 409 N.W.2d at 335 [admission of on-site chemical screening results]; State v. Padgett, 410 N.W.2d 143 (N.D.1987) [admission of…