People v. Hernandez

September 21, 1967, after a probation violation hearing, defendant’s probation was revoked and he was sentenced to prison. Defendant was not represented by counsel-at the revocation hearing; he was not advised of his right to counsel; nor was it determined whether or not defendant desired counsel. On September 21, 1967, the law did not require that defendant be represented by counsel at a probation violation hearing nor that he be advised of his right to counsel. On the basis of Mempa v. Rhay (1967), 389 US 128 (88 S Ct 254, 19 L Ed 2d 336), defendant appeals and attacks the validity of the…