Clemmons v. State

DeCARLO, Judge.

Appellant, Jesse’ Ray Clemmons, was indicted by the grand jury of Butler County, Alabama, on May 9, 1973, for first degree murder. He was found guilty of second degree murder and sentenced to thirty years in the penitentiary.

In our review of the record, we found that Jesse Ray Clemmons, at the time of trial, was twenty years of age and at no time before or during the trial was he ever apprised of the fact that he had the right to request to be considered as a youthful offender.

Under Morgan v. State, 291 Ala. 764, 287 So.2d 914, we must remand this cause to the circuit court to…