cause remanded on ground that defendant had not been advised of right to apply for youthful offender treatment prior to jury trial; trial court instructed to proceed with youthful offender investigation if defendant consented thereto; "[i]f, after the investigation and examination, the court determines that the defendant is not entitled to youthful offender treatment, the judgment of conviction and the sentence imposed stand"
How later courts described this case
- cause remanded on ground that defendant had not been advised of right to apply for youthful offender treatment prior to jury trial; trial court instructed to proceed with youthful offender investigation if defendant consented thereto; "[i]f, after the investigation and examination, the court determines that the defendant is not entitled to youthful offender treatment, the judgment of conviction and the sentence imposed stand"
Written by the judges who cited it.
The opinion
FAULKNER, Justice
(concurring in part and dissenting in part).
I concur in the result reached by the majority. But, I am still of the opinion that the investigation should be made by a probation officer. He is the most logical person under our system of criminal justice to conduct the investigation. It is not the duty of a trial judge to make investigations. His duty is to judge. I do not believe the legislature intended that the trial judge act as judge, investigator, and probation officer.
The majority opinion opens.the gates for appeals which will be based on abuse of discretion on the subject of investigation of the youthful offender.