Morgan v. State
| Decision Date | 13 December 1973 |
| Citation | 291 Ala. 764,287 So.2d 914 |
| Parties | In re Matthew Marshall MORGAN, Jr. v. STATE of Alabama. Ex parte Matthew Marshall Morgan, Jr. SC 543. |
| Court | Alabama Supreme Court |
Roy D. McCord and J. Terry Huffstutler, Jr., Gadsden, for petitioner.
William J. Baxley, Atty. Gen., and Otis J. Goodwyn, Asst. Atty. Gen., for the State.
Matthew Morgan, a youth of 19 years of age, was tried by a jury of Marshall County Circuit Court on an indictment charging him with the unlawful sale of 4 grams of marijuana. He was found guilty. Morgan was afforded an election by the trial judge, to be sentenced under the old Controlled Substance law or the new Controlled Substance law. He elected to be sentenced under the new law and was sentenced to three years in the State penitentiary by the trial judge. His conviction and sentence were affirmed by the Alabama Court of Criminal Appeals.
Morgan was indicted in October, 1971, and tried on November 16 and 17, 1971. He was sentenced on November 17, 1971. His motion for new trial was denied December 20, 1971. He appealed to the Court of Criminal Appeals on December 29, 1971.
While Morgan's case was on appeal, the legislature of Alabama passed the Youthful Offender Act, which became effective February 10, 1972. He filed a petition for a writ of certiorari in this court to the Court of Criminal Appeals, alleging in substance that he is entitled to be treated as a youthful offender and should be punished under the provisions of the Youthful Offender Act.
Act 335, Alabama Legislature, Third Special Session, 1971, known as the Youthful Offender Act, has been codified as Tit. 15, § 266(1)(2)(3)(4)(5)(6), Code of Alabama, 1940, Recompiled 1958.
Section 266(1) provides that 'a person charged with a crime which was committed in his minority but was not disposed of in juvenile court and which involves moral turpitude or is subject to a sentence of commitment for one year or more shall--and, if charged with a lesser crime, may--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 a jury where trial by jury would otherwise be available to him.'
The Act therefore charges the trial judge with the duty to refer any person under 21 years of age, whose case has not been disposed of in the juvenile court and who is charged with a crime involving moral turpitude or is subject to a sentence of confinement for one year or more, to a probation officer to make such investigation requested by the court. Referral in such event is not discretionary, but mandatory, on the part of the trial judge. After the investigation, if the youth...
To continue reading
Request your trial
-
Allen v. State
...an investigation had been made by a probation officer, and we remanded with directions on May 6, 1975, on authority of Morgan v. State, 291 Ala. 764, 287 So.2d 914; Tarver v. State, 1975, 56 Ala.App. 36, 318 So.2d 775; and Edwards v. State, 1974, 55 Ala.App. 544, 317 So.2d On May 12, 1975, ......
-
Noah v. State
...have avoided a felony conviction." Norris held that the Youthful Offender Act has no retroactive application. See also Morgan v. State, 291 Ala. 764, 287 So.2d 914 (1973). Norris went on to state that an accused cannot be granted youthful offender status for prior convictions and thereby av......
-
Gordon v. Nagle, 92-6100
...his right to be considered for youthful offender status. The existence of such a duty was "indicated" by a dictum in Morgan v. State, 291 Ala. 764, 287 So.2d 914 (1973), decided December 13, 1973, but a square decision that the statute mandated advice to the defendant was not handed down un......
-
Coleman v. State of Ala.
...Act is not retroactive and thus should not be applied to Coleman's 1972 conviction. The Alabama Supreme Court in Morgan v. State, 291 Ala. 764, 287 So.2d 914 (1973), held that the Youthful Offender Act is not retroactive and did not apply to Morgan. However, Morgan's case was on appeal when......