State v. Stone

Man L. Stone appeals the denial of his motion to reconsider the consecutive aspect of the sentences he received based on his guilty pleas in Kanawha and Putnam Counties. On appeal Mr. Stone maintains: first,, the consecutive aspect of his sentences violates the plea agreement he made with the State; and, second, the circuit court erred in fading to comply with Rule 11(e) [1995] of the West Virginia Rules of Criminal Procedure. Although the State concedes that the procedures of Rule 11(e) were not followed, it maintains the failure was harmless. Because the harmless error rule should not be…