People v. Cruz

1 Citing case

  1. State v. Ryan

    533 P.2d 1076 (Mont. 1975)   Cited 11 times
    In State v. Ryan (1975), 166 Mont. 419, 533 P.2d 1076, we noted the difference between a revocation hearing and a criminal trial stemming from the same conduct. The revocation hearing focuses on whether terms conditioning the suspended sentence have been violated.

    Although this argument is raised for the first time before this Court, other jurisdictions have been presented with similar issues. For recent examples see: People v. Carr, (Colo. 1974), 524 P.2d 301; Gonalves v. Howard, (R.I. 1974), 324 A.2d 338; People v. Cruz, 14 Ill. App.3d 513, 302 N.E.2d 702. The most complete discussion on these issues can be found in these three related opinions: Flint v. Howard, 110 R.I. 223, 291 A.2d 625, cert. den. 409 U.S. 1078, 93 S.Ct. 694, 34 L.Ed.2d 667; Flint v. Mullen, 372 F. Supp. 213 (D.R.I. 1974), reversed in Flint v. Mullen, 499 F.2d 100 (1st Cir. 1974). These cases hold that due process is not violated by holding a revocation hearing prior to trial of a criminal charge based on the same facts alleged as grounds for the revocation.