State v. Hayhurst

This is an appeal by Stephen Hayhurst (hereinafter “Appellant”) from an order of the Circuit Court of Berkeley County sentencing the Appellant to twenty years in the West Virginia State Penitentiary for aggravated robbery. The Appellant maintains that the lower court erred by failing to conduct an evidentiary hearing prior to transferring him from a juvenile facility to the state penitentiary. We reverse and remand for an evidentiary hearing consistent with this opinion.

I. Facts

On October 6, 1997, at the age of seventeen, the Appellant committed an aggravated robbery at a convenience store.…