State v. O'CONNOR

BROCK, Chief Judge.

Defendant argues on appeal that the order revoking his probation should be reversed because defendant was not accorded a preliminary hearing at the time of, or near the time of, his arrest. Defendant relies upon Morrissey v. Brewer, 408 U.S. 471, 33 L.Ed. 2d 484, 92 S.Ct. 2593 (1972), and Gagnon v. Scarpelli, 411 U.S. 778, 36 L.Ed. 2d 656, 93 S.Ct. 1756 (1973).

Morrissey v. Brewer, supra, mandated both a preliminary and final revocation hearing in parole revocation proceedings. Gagnon v. Scarpelli, supra, applied the same reasoning in probation and suspended sentence…