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02/11/76 PEOPLE v. BELL

February 11, 1976

PEOPLE
v.
BELL



Appeal from Recorder's Court of Detroit, Joseph A. Gillis, J.

Leave to appeal denied, 397 Mich .

Danhof, P. J., and McGregor and N. J. Kaufman, JJ. McGregor, J., concurred. Danhof, P. J. (concurring in part, Dissenting in part).

SYLLABUS BY THE COURT

Opinion of the Court

1. -- Probation Revocation Hearing -- Procedural Safeguards -- Parole Revocation Hearing -- Probable Cause Hearing -- Final Hearing.

A probation revocation hearing has the same procedural safeguards as are prescribed for parole revocation hearings and two hearings are required to be held, a preliminary probable cause hearing and a final hearing to determine guilt.

2. -- Probation Revocation Hearing -- Notice Requirement -- Error.

The notice requirement which is applicable to probation revocation hearings may well be the most crucial procedural safeguard, sufficiently in advance of scheduled court proceedings so that reasonable opportunity to prepare is afforded, and where the defendant is not given the requisite notice, there is reversible error.

3. -- Probation Revocation Hearing -- Waiver -- Non-Jurisdictional Defects.

A defendant who pleads guilty to a charge brought against him at a probation revocation hearing waives all non-jurisdictional defects.

4. -- Probation Revocation Hearing -- Remand -- Guilty Plea -- Condition of Probation -- Sentence.

A remand for reconsideration of a second charge is necessary, although defendant has already pled guilty to one charge of having violated a condition of his probation at a probation revocation hearing, because an acquittal on the second charge might alter his sentence.

Concurring in Part and Dissent in Part by Danhof, P.J.

5. -- Probation Revocation Hearing -- Due Process -- Notice -- ...


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