People v. Jackson

The issue presented in this case is whether the trial court may properly turn a voluntary confinement in an alcohol rehabilitation program into a nonvoluntary confinement pursuant to an ex parte amendment of defendant’s probation order. We conclude the trial court may not without proper due process safeguards and reverse. Const 1963, art 1, § 17.

On September 29, 1980, defendant pled guilty to unlawfully driving away a motor vehicle. On November 10, 1980, defendant was sentenced to three years probation with the first sixty days to be served in the Kalamazoo County Jail, payment of $500 in…