Opinion
Submitted April 2, 1976.
December 20, 1976.
Proceedings upon application to revoke probation. Before SMILLIE, J. Order entered revoking probation and imposing sentence of confinement. Defendant appealed. Appeal, No. 1599, Oct. T., 1975, from Court of Common Pleas of Montgomery County, Jan. T., 1972, No. 65. Submitted April 2, 1976.
Calvin S. Drayer, Jr., Assistant Public Defender, for appellant; Eric J. Cox, Assistant District Attorney, and William T. Nicholas, District Attorney, for Commonwealth, appellee.
There is no indication on the record that appellant received the required written notice prior to his probation revocation hearing. The judgment of sentence, therefore, is reversed and the case remanded with instructions to hold a new probation revocation hearing after written notice of the alleged violations. Commonwealth v. Stratton, 235 Pa. Super. 566, 344 A.2d 636 (1975); Commonwealth v. Henderson, 234 Pa. Super. 498, 340 A.2d 483 (1975); Commonwealth v. Alexander, 232 Pa. Super. 57, 331 A.2d 836 (1974).
VAN der VOORT, J., dissents.