McWhorter v. State

ON RETURN TO REMAND

BOWEN, Judge.

On original submission, this Court reversed the appellant’s adjudication as a youthful offender for the offense of possession of marihuana in the first degree because the evidence was insufficient to support the adjudication. We remanded the cause, directing the trial court to set aside that adjudication and the sentence imposed thereon, to adjudge the appellant a youthful offender for the offense of possession of marihuana in the second degree, and to then sentence him accordingly. McWhorter v. State, 588 So.2d 951 (Ala.Cr.App.1991).

On remand, the appellant…