B. A. M. v. State

OPINION

Before RABINOWITZ, C. J„ and CONNOR, ERWIN, BOOCHEVER and FITZGERALD, JJ. FITZGERALD, Justice.

At his disposition hearing before the superior court on October 19, 1973,1 B.A.M. was found to be a delinquent child. The hearing judge ordered B.A.M. committed to the custody of the Commissioner of Health and Social Services to be incarcerated in an adult penal institution for one year and then placed on probation until his twentieth birthday.

We conclude that the hearing judge erred in ordering B.A.M. incarcerated in an adult penal institution for one year. Since B.A.M. was under the age of…