People v. Pillar

Defendant’s probation was revoked pursuant to MCL 771.4; MSA 28.1134, and the court imposed a sentence of two to five years’ imprisonment for defendant’s underlying conviction of attempted second-degree criminal sexual conduct, MCL 750.520c(1)(a); MSA 28.788(3)(1)(a), involving his nine-year-old daughter. Defendant appeals as of right. We reverse and remand.

Defendant argues that he was denied due process when the trial court found a probation violation solely on the basis of evidence of an arrest and again when the trial court considered conduct that was neither in violation of the order of…