State v. Grimme

McCORMICK, Justice.

The principal question here is whether defendant Gary Robert Grimme was denied due process under the Fourteenth Amendment of the United States ■ Constitution when he was removed from a drug treatment facility and sentenced to prison without an evidentiary hearing. Defendant raised this question in a motion in arrest of judgment which was overruled by the trial court. 1 We hold that defendant was denied due process, reverse the court’s order, and remand for further proceedings.

Defendant was charged with delivery of a schedule I controlled substance in violation of §…