People v. Gillman

248 N.W.2d 553, 71 Mich. App. 374, 1976 Mich. App. LEXIS 960

Opinions

T. M. Burns, P. J.

In 1973 defendant pled guilty to breaking and entering and was placed on probation for five years. In 1974 defendant was convicted of breaking and entering. Subsequent to that conviction and just prior to the sentence hearing, defendant was served with several charges of probation violation. An immediate hearing was held and defendant’s probationary sentence was revoked. Defendant appeals the trial court’s order of probation revocation.

Defendant raises several issues on appeal, one is dispositive.

Defendant alleges that he received written notice of the probation violation charges 15 minutes before the hearing. The prosecutor does not challenge that allegation. A probationer charged with violating a condition of his probation is entitled to a written copy of the charges against him. MCLA 771.4; MSA 28.1134. To comply with due process requirements, the notice must be given sufficiently in advance of scheduled court proceedings so that reasonable opportunity to prepare will be afforded. In re Gault, 387 US 1, 33; 87 S Ct 1428; 18 L Ed 2d 527 (1967), People v Gulley, 66 Mich App 112; 238 NW2d 421 (1975), People v Bell, 67 Mich App 351; 241 NW2d 203 (1976). Fifteen minutes does not meet the test of reasonable opportunity to prepare.

The order revoking defendant’s probation is set aside and this cause is remanded to the trial court without prejudice to conduct a proper hearing.

D. E. Holbrook, Jr., J., concurred.