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Smith v. Commonwealth9/24/2004
BR>
Even if we were to agree that the Commonwealth did not technically and explicitly give notice as to the subsections of KRS 189A.010(1) under which it intended to prosecute Smith, we believe the facts of this case are such that any error was harmless. Under RCr 9.24, any error or defect must be disregarded if it "does not affect the substantial rights of the parties." An error is deemed harmless if, upon consideration of the entire case, there appears to be no likely possibility that the result would have been different in the absence of error. Scott v. Commonwealth, Ky., 495 S.W.2d 800, 801-02 (1972); Abernathy v. Commonwealth, Ky., 439 S.W.2d 949, 952 (1969), overruled in part on other grounds by Blake v. Commonwealth, Ky., 646 S.W.2d 718 (1983). Our review of the record shows that the Commonwealth's omission did not in any way prejudice Smith's opportunity to prepare a meaningful defense, and that no likely possibility exists that Smith's defense or the result of the trial would have been any different had the Commonwealth more specifically informed him under which subsection(s) it was proceeding.
The circuit court's judgment is affirmed.
ALL CONCUR.
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