People v. Barfield

The question to be decided in this case is whether a defendant who is first placed on probation and is subsequently sentenced to jail for a violation of the conditions of probation, with no record evidence of an intent to continue the probation at the time of the jail sentence, may thereafter be continued on probation and be given a second sentence of incarceration upon a finding of another probation violation. We answer the question in the negative.

I

On February 11, 1974 the defendant pled guilty to a charge of assault with intent to rob while armed contrary to MCL 750.89; MSA 28.284. On…