People v. Givens

Defendant appeals a judgment revoking his probation and imposing a sentence of 5 to 15 years in prison. The facts leading up to the revocation are unusual and are set forth here to illustrate the reasons for the ultimate conclusion that defendant is entitled to another revocation hearing.

In September of 1974, defendant pled guilty to assault with intent to rob while armed, MCLA 750.89; MSA 28.284, before Recorder’s Court Judge Donald S. Leonard, and was placed on probation. A bench warrant charging a violation of this probationary order was issued on August 5, 1976. Defendant was arraigned on…