State v. Eckley

Defendant appeals from an order revoking his probation and executing a previously-imposed sentence. The issue is whether the double jeopardy clauses of the state and federal constitutions 1 apply to probation revocation proceedings.

In May, 1977, defendant pleaded guilty to unauthorized use of a motor vehicle. He was sentenced to the custody of the Corrections Division for five years, but execution of the sentence was suspended and he was placed on probation. Thereafter, defendant was charged with violating the terms of Ids probation by unlawfully possessing and controlling a concealable…