Opinion
No. 136734.
November 26, 2008.
Court of Appeals No. 283502.
Leave to Appeal Denied November 26, 2008.
KELLY J. I would reverse the Macomb Circuit Court revocation of the order of probation and remand this case to the trial court for further proceedings, because there was no provision in the order of probation that prohibited the defendant from being within 500 feet of the victim, so probation could not be revoked for that reason. Furthermore, expanding the "no contact" provisions beyond those listed in the order of probation without notice to the defendant violated due process. See United States v Twitty, 44 F3d 410 (CA 6, 1995).