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eBook details

• Title: People V. Coleman
• Author : Supreme Court Of California
• Release Date : January 03, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 81 KB

Description

(See fn. 1.) Defendant appeals from an order revoking probation granted after the imposition of sentence upon a plea of guilty to a charge of grand theft from the person. (Pen. Code, § 487, subd. 2.)*fn1 Revocation proceedings were initiated by the District Attorney of the City and County of San Francisco (see § 1203.2, subd. (b)) on grounds which were also the basis for independent criminal charges on which defendant had been held to answer but had not yet been tried. Defendant contends that the revocation of his probation in advance of trial denied him procedural due process because he was forced to forego his opportunity to testify in his own behalf at his revocation hearing in order to avoid incriminating himself at his pending trial. He argues that as long as any testimony which he might have given at his probation hearing could have been used against him   at his trial on the related criminal charge, the meaningful opportunity to be heard assured him by Morrissey v. Brewer (1972) 408 U.S. 471, 489 [33 L.Ed.2d 484, 499, 92 S.Ct. 2593], was essentially nugatory.

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