In the Interest of S.M.P.

The appellant, S. M. P., a juvenile, brings this appeal pursuant to the provisions of W. Va. Code, 49-5-10(f), contending the Circuit Court of Kanawha County erred in transferring him to adult criminal proceedings. We reverse and remand for further proceedings.

On January 21, 1980, the appellant was charged by petition with being a delinquent child within the meaning of W. Va. Code, 49-1-4, based on an allegation that he committed an armed robbery on January 3, 1980. The appellant waived a preliminary hearing. Thereafter, the State filed a transfer motion under the provisions of W. Va. Code,…