Legal Opinion · Dissent

People v. Pratto

Michigan Court of Appeals

Decided August 25, 1980No. Docket No. 78-3509Published

1DissentMackenzie, P.J.

I would reverse and remand.

Defendant appeals as of right an order revoking his probation and sentencing him to 5 to 15 years imprisonment. His sole argument on appeal is that the trial court erred in accepting his guilty plea without advising him of his due process right to a contested hearing and without obtaining an admission from him that he had in fact violated probation.

While a defendant, accused of violating his probation, is not entitled to the full panoply of rights under the "guilty plea” rule, GCR 1963, 785.7, he does have the right to a contested hearing before pleading guilty.…

2Cases cited5 opinions

  1. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  2. People v. HardinMichigan Court of Appeals · 1976
  3. People v. DarrellMichigan Court of Appeals · 1976
  4. People v. HooksMichigan Court of Appeals · 1979
  5. People v. BrooksMichigan Court of Appeals · 1979

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