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State of West Virginia v. Craig D.
IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA
September 1998 Term
No. 25195
STATE OF WEST VIRGINIA,
Appellee,

v.
CRAIG D.,
Appellant.

Appeal from the Circuit Court of Fayette County
Honorable Charles M. Vickers, Judge
Juvenile Petition No. 97-JD-36

AFFIRMED

                    Submitted: November 12, 1998
                     Filed: December 4, 1998

Darrell V. McGraw, Esq.  Gregory S. Hurley, Esq. Attorney General                              Public Defender Corporation Barbara H. Allen, Esq.  Fayetteville, West Virginia Deputy Attorney General                Attorney for Craig D. Charleston, West Virginia Attorneys for the State of West Virginia
The Opinion of the Court was delivered PER CURIAM.
JUSTICE STARCHER dissents and reserves the right to file a dissenting opinion.
SYLLABUS
        "In a juvenile proceeding it is the obligation of a trial court to make a record at the dispositional stage when commitment to an industrial school is contemplated under W.Va. Code, 49-5-13(b)(5) (1978) and where incarceration is selected as the disposition, the trial court must set forth his reasons for that conclusion. In this regard the court should specifically address the following: (1) the danger which the child poses to society; (2) all other less restrictive alternatives which have been tried either by the court or by other agencies to whom the child was previously directed to avoid formal juvenile proceedings; (3) the child's background with particular regard to whether there are pre

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West Virginia Law