Wilson v. State
Wilson v. State
Opinion
The appellant, Richard Lynn Wilson, pleaded guilty to theft in the second degree, a violation of §
As Judge Bowen stated in Morgan v. State,
"The Youthful Offender Act vests in the trial judge almost absolute discretion to grant or deny youthful offender status after making an appropriate investigation. McClendon v. State,
341 So.2d 174 (Ala.Cr.App. 1976); Section15-19-1 , Code of Alabama 1975. This act does not require a full, formal hearing or an investigation by a probation officer in every case. Clemmons v. State,294 Ala. 746 ,749 ,321 So.2d 238 (1975). . . . The trial judge is not required to state his reasons for denying youthful offender status. This court will not overturn that exercise of discretion except where it affirmatively appears that the decision of the trial judge was arbitrary or made without some examination or investigation of the youthful offender. Watkins v. State,357 So.2d 156 (Ala.Cr.App.), cert. denied,357 So.2d 161 (Ala. 1977). It is not for this court to overturn the decision of the trial judge in denying youthful offender status simply because we would not have made that same decision."
This court in Self v. State,
Self, 512 So.2d at 814." 'When deciding whether to grant youthful offender status, it is expected that the nature of the crime charged, along with prior convictions of the defendant, will be considered, as well as any other matters deemed relevant by the court. (citation omitted)' "
In Watkins v. State,
In the instant case, the judge stated, "The nature of the offense is what was involved in this and so it was denied." Later in the record the judge stated, "But I will say this, that an investigation was made on this young man, I considered it carefully and I did not elect to give him youthful offender treatment."
Taken by itself, the first statement might be construed to mean that the trial court based its decision to deny youthful offender status solely on the nature of the crime charged. However, when we look at the *Page 13 statements together, we find it clear that the trial judge considered the report made on the appellant. "While an order denying a request for youthful offender treatment need not list or enumerate all the factors considered by the trial judge, it should reflect that some investigation, examination or inquiry was had of the defendant before the request was denied." Watkins, 357 So.2d at 161. The record reflects that this was done. The trial court did not abuse its discretion in denying appellant's application for treatment as a youthful offender.
The supplemental record contains the first two items that the appellant requested. Also, a transcript of the November 7 hearing is included in the supplement. As to items 4 and 5, Rule 10(f), Alabama Rules of Appellate Procedure, states:
"If any difference arises as to whether the record truly discloses what occurred in the trial court, the difference shall be submitted to and settled by that court and the record made to conform to the truth. If anything material to either party is omitted from the record by error or accident or is misstated therein, the parties by stipulation, or the trial court either before or after the record is transmitted to the appellate court, or the appellate court, on proper suggestion or of its own initiative, may direct that the omission or misstatement be corrected, and if necessary that a supplemental record be certified and transmitted. All other questions as to the form and content of the record shall be presented to the appellate court."
Appellant concedes in his brief that the date that probation was given is immaterial. Likewise, the date of arraignment is immaterial in the present case. We see no reason why we should direct the trial court to correct the record.
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Richard Lynn Wilson v. State.
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- 8 cases
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- Published