State v. Swan

Gary Joseph Swan, the defendant, appeals the revocation of his suspended sentence. Defendant claims that he was denied due process when he was not afforded a preliminary or probable cause hearing prior to the probation revocation hearing; that he was denied due process when the State filed charges in District Court; and that Section 46-23-1013, MCA, setting forth a District Court’s action after the arrest of a probationer for a probation violation, is unconstitutional. We affirm the revocation of defendant’s probation.

On September 30, 1982, the Missoula County District Court sentenced…