People v. Marshall

Pee Cueiam.

At defendant’s probation hearing held on August 21, 1967, probation was revoked and he was sentenced to prison.*

Counsel was not offered defendant at the hearing nor was counsel waived by him.

*579Since the ruling in Mempa v. Rhay (1967), 389 US 128 (88 S Ct 254, 19 L Ed 2d 336) a defendant must be afforded counsel at a hearing resulting in probation revocation and sentence. See McConnell v. Rhay (1968), 393 US 2 (89 S Ct 32, 21 L Ed 2d 2), People v. Lott (1968), 12 Mich App 123, People v. Hernandez (1968), 14 Mich App 741, and People v. Dye (1967), 6 Mich App 217.

Defendant’s sentence is…