In re Harry W.

514 S.E.2d 814, 204 W. Va. 583, 1999 W. Va. LEXIS 6
CourtWest Virginia Supreme Court
DecidedFebruary 19, 1999
DocketNo. 25349
StatusPublished

This text of 514 S.E.2d 814 (In re Harry W.) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Harry W., 514 S.E.2d 814, 204 W. Va. 583, 1999 W. Va. LEXIS 6 (W. Va. 1999).

Opinion

PER CURIAM:

This is an appeal by Harry W., a juvenile, from an order of the Circuit Court of Preston County, acting as the Juvenile Court, direct[584]*584ing that he be committed to the Elkins Mountain School or to some similar facility. On appeal, Harry W. claims that the circuit court failed to follow the proper procedure in accepting his plea to, or admissions concerning, the charges in the petition filed against him. He also claims that the circuit judge abused his discretion in directing that he be committed to the Elkins Mountain School or to some similar facility.

I.

Factual Background

On April 24, 1997, a petition was filed in the Circuit Court of Preston County charging that Harry W. was a juvenile with a violent disposition and also charging that he had threatened to injure his mother, Robin C.W. The petition further alleged that as a result of Harry W.’s violent and abusive conduct, it was not safe for Harry W. to remain in his mother’s home.

Following the filing of the petition, Harry W. was detained and sent to the Northern Regional Detention Center. While at that Center, a motion for an improvement period was filed in his behalf, and a psychological report was presented to the circuit court which indicated that Harry W. had expressed an interest in entering the so-called Mountain Challenge Academy at Camp Dawson, West Virginia. The psychologist who examined Harry W. suggested that the court place him in the Camp Dawson program, and further suggested that if the placement failed, the court might wish to place him in a group home facility.

In accordance with the recommendation in the psychological report, the circuit court on June 6, 1997 entered an order granting the improvement period. The court also directed that the physical custody of Harry W. be returned to his mother with the proviso that Harry W. “attend and successfully complete the Mountaineer Challenge Academy which begins on or about July 20,1997....”

Harry W. subsequently entered the Mountaineer Challenge Academy but apparently was unable to continue in the program because of a knee problem. As a consequence, he left the academy and returned to his mother’s home and entered the public schools in Preston County.

On November 4, 1997, a petition was filed alleging that Harry W. had violated the terms of his improvement period by being suspended from school on at least three occasions. It also alleged that he had threatened his teachers with bodily harm, that he had made threats on his own life, that he had refused to follow the directions of his teachers, and that he had used abusive and profane language.

After the filing of the petition to revoke the improvement period, and after Harry W. had struck his brother in the head with a computer and injured him, Harry W. was again detained and sent to the Northern Regional Detention Center. Subsequently he was temporarily sent to the Samaritan House, a juvenile facility in Wheeling, West Virginia.

While Harry W. was in the Samaritan House, he was evaluated by another psychologist who concluded that he was suffering from Oppositional Defiant Disorder and from alcohol abuse. The psychologist recommended that he be placed in a residential facility where he would receive mental health intervention. The psychologist also stated that it was unlikely that Harry W. “will make changes in his life if he is returned home under the same conditions.”

A hearing was conducted on December 18, 1997, and at that hearing Harry W., through his counsel, indicated that he wished to admit the charges contained in the petition filed against him. Subsequently, the circuit court on February 4,1998 entered the dispositional order from which the present appeal is taken. In that order, the court temporarily placed Harry W. at the Samaritan House pending permanent placement at the Elkins Mountain School or some similar facility.

II.

Procedural Issue

As previously indicated, in the present appeal Harry W. claims that the circuit court failed to follow the proper procedures in accepting his plea to, or admissions con[585]*585cerning, the charges contained in the petition filed against him.

The hearing at which the circuit court allegedly failed to follow the procedures occurred on December 18, 1997. At that hearing, the assistant prosecuting attorney who was representing the State asked the court to ascertain whether Harry W. admitted or denied the allegations contained in the petition. Thereupon the court turned to Harry W.’s attorney and asked her whether Harry W. admitted or denied the allegations of the petition. Harry W.’s attorney said: “Let me check one last time with my client. While he’s sitting here, he’s been vacillating, Your Honor.” The attorney checked and indicated to the court that Harry W. did wish to admit the threats to his mother. She also indicated that she and Harry W. had gone over the petition that morning and that he understood his possible defenses and that he had a right to have a jury or the court determine the facts if he did not admit to the charge. Thereupon the circuit court accepted the admission and proceeded to take evidence on the dispositional question.

W.Va. Code 49-5-11 governs the procedure to be followed at an adjudicatory hearing in a case of this type. That statute provides, in relevant part:

At the outset of an adjudicatory hearing, the court shall inquire of the juvenile whether he or she wishes to admit or deny the allegations in the petition. The juvenile may elect to stand mute, in which event the court shall enter a general denial of all allegations in the petition.
(a) If the respondent juvenile admits the allegations of the petition, the court shall consider the admission to be proof of the allegations if the court finds: (1) The respondent fully understands all of his or her rights under this article; (2) the respondent voluntarily, intelligently and knowingly admits all facts requisite for an adjudication; and (3) the respondent in his or her admission has not set forth facts which constitute a defense to the allegations.

In addressing more fully what this statute requires, this Court stated in Syllabus Point 2 of State ex rel. J.M. v. Taylor, 166 W.Va. 511, 276 S.E.2d 199 (1981), that:

A juvenile may not knowingly and intelligently admit or deny allegations against him unless the judge informs him of the nature of the charges, lesser included offenses, possible defenses, his constitutional and statutory rights, each constitutional right which is waived by the plea, and the maximum penalty to which he may be subjected.

It appears in the present case, and the State in its brief admits, that the trial judge did not inform Harry W. of the nature of the charges against him, of possible lesser included offenses, of possible defenses, of his constitutional or statutory rights, and of each right which would be waived by a plea. Further, the court did not advise him of the disposition to which he could be subjected. The court simply accepted the representations of Harry W.’s attorney suggesting that he wished to admit the charges and that he understood his rights and the consequences of his admission.

In State ex rel. J.M. v. Taylor, Id., 166 W.Va. at 522, 276 S.E.2d at 205, this Court stated:

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Related

State Ex Rel. J. M. v. Taylor
276 S.E.2d 199 (West Virginia Supreme Court, 1981)
Phillips v. Fox
458 S.E.2d 327 (West Virginia Supreme Court, 1995)

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Bluebook (online)
514 S.E.2d 814, 204 W. Va. 583, 1999 W. Va. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-harry-w-wva-1999.