People v. McKitchens

BERMAN, Judge.

Defendant appeals his probation revocation alleging, inter alia, constitutionally defective notice. We reverse and remand for a new hearing.

In May 1979, defendant pled guilty to sale of a narcotic drug in violation of §§ 12-22-302 and 12-22-322, C.R.S.1973 (1978 Repl.Vol. 5). He was placed on probation for 3 years. The conditions of his probation required that he reside for nine months at a halfway house and that he abstain from the use of illegal drugs.

*859Defendant was twice tested for marijuana use during his stay at the halfway house. On both occasions, the test results were…