People v. Brooks

Defendant appeals as of right an order revoking his probation and sentencing him to a prison term of from two to five years.

Defendant argues that reversal is required because he was not advised of his due process right to a contested hearing before he pled guilty. While the rights of a defendant at a revocation hearing are limited, they do include the right to a contested hearing. Gagnon v Scarpelli, 411 US 778; 93 S Ct 1756; 36 L Ed 2d 656 (1973). This Court has held that before a defendant may knowingly and voluntarily waive this right by pleading guilty, he must be informed of the right.…