State of West Virginia v. Benjamin A. Harrison

Summary

The Supreme Court of Appeals of West Virginia affirmed the Circuit Court of Kanawha County’s resentencing order for convictions of driving under the influence causing death and causing serious bodily injury. The court held that the circuit court’s failure to provide the express warning required by West Virginia Rule of Criminal Procedure 11(e)(2) was harmless error because the plea agreement and colloquy made clear that sentencing remained within the court’s discretion, and there was no indication that the defendant believed he could withdraw his plea.

Holdings

1. An omission of the Rule 11(e)(2) advisement is harmless unless there is some realistic likelihood that the defendant labored under the misapprehension that the guilty plea could be withdrawn if the court rejected the State's sentencing recommendation.
2. The circuit court's failure to give the Rule 11(e)(2) advisement was harmless because the record contained no indication that Harrison misunderstood that the court retained discretion over sentencing or that his plea could be withdrawn.

Questions Presented

1. Whether the circuit court's failure to expressly give the Rule 11(e)(2) advisement rendered Harrison's guilty pleas invalid or required reversal.
2. Whether the Rule 11(e)(2) omission was harmless under Rule 11(h) when the plea agreement and colloquy repeatedly informed Harrison that sentencing remained within the circuit court's discretion.

Disposition

affirmed