State v. Jenson

OPINION

HAIRE, Judge.

On this appeal from the revocation of his probation, defendant contends that A.R.S. § 36-1002.02E (Laws 1976, Ch. Ill, § 12) is unconstitutional because it violates the due process principles established by the United States Supreme Court in Gagnon v. Scarpelli, 411 U.S. 788, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973).

The defendant had previously been convicted of two separate charges involving' the sale of heroin in violation of A.R.S. §§ 36-1001 and 36-1002.02. He was placed on probation on both charges. Subsequently he was found to have violated the conditions of his…