People v. Allen

Defendant appeals his conviction for violation of probation. Finding serious errors in the proceeding below, we reverse his conviction.

Defendant was placed on probation after being convicted of arson in 1973. In 1975, he was charged with violation of probation after pleading guilty to attempted possession of heroin.

Defendant’s plea to violation of probation was entered by his counsel, in response to the court’s inquiry addressed to counsel. The court’s failure to elicit the plea from defendant himself is all the more serious because of the lack of any indication in the record that defendant…