People v. Ritter

It appears that the question boils down to whether a proceeding for probation revocation can be considered "pending” where the defendant has not been *713served or otherwise notified of the proceeding. The prosecutor argues that probation orders are at all times amendable under MCL 771.2(2); MSA 28.1132(2) on an ex parte basis with no requirement that defendant be given notice or opportunity to be heard regarding the amendment. People v Kendall, 142 Mich App 576, 579; 370 NW2d 631 (1985). Defendant says the proceedings, even ex parte proceedings, must be pending during the term of probation,…