Opinion
8 Div. 537.
October 1, 1974. Rehearing Denied October 29, 1974.
Appeal from the Circuit Court, Morgan County, Newton B. Powell, J.
Lewis H. West, Decatur, for appellant.
A person charged with a crime which was committed in his minority but was not disposed of in juvenile court — or is subject to a sentence of commitment for one year or more, shall be investigated and examined by the court to determine whether he should be tried as a youthful offender, provided he consents to such examination and to trial without jury. Code of Ala., Title 15, Sec. 266(1), 1958, Recompiled (As amended).
William J. Baxley, Atty. Gen. and Kermit M. Downs, Asst. Atty. Gen., for the State.
Where there is an affirmative showing in the record that defendant voluntarily and understandingly entered his guilty plea, the judgment is due to be affirmed. Boykin v. Ala., 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274.
On March 25, 1974, Larry Pride, an eighteen year old, entered a plea of guilty to robbery, then applied for probation. At the time his plea was taken, his constitutional rights, as outlined in Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, were explained to him. It does not appear, however, that at any time prior to the taking of the plea he was ever informed of his right to request youthful offender status. Counsel for appellant contends that the court erred in accepting defendant's guilty plea without ascertaining whether he had knowledge of this right to request to be considered a youthful offender.
We are of the opinion that the cause must be remanded to the court to investigate and examine the appellant at a hearing and determine whether in its discretion appellant should be tried as a youthful offender. Title 15, § 266(1), Code of Alabama; Morgan v. State, 291 Ala. 764, 287 So.2d 914.
The trial court is further instructed that the hearing be held speedily, and that a full record be made together with the court's determination. A transcript of these proceedings, under the seal of the Clerk, will then be forwarded to this court for review. Seibold v. State, 287 Ala. 549, 253 So.2d 302.
Remanded with directions.
All the Judges concur.