Opinion
Docket No. 51538.
Decided May 13, 1981.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and William T. Morris, Assistant Prosecuting Attorney, for the people.
Derrick A. Carter, Assistant State Appellate Defender, for defendant on appeal.
Before: V.J. BRENNAN, P.J., and BRONSON and BASHARA, JJ.
Defendant appeals as of right from an order revoking her probation and sentencing her to a prison term of from 2 to 12 years.
On appeal, defendant argues that she was not advised that she had a right to a contested hearing on the probation revocation. We adhere to the position that the statements in the notice of probation violation or in the bench warrant referring to a "pending violation hearing" may provide sufficient notice of the right to a contested hearing. People v Darrell, 72 Mich. App. 710, 713; 250 N.W.2d 751 (1976). However, in the instant case the record is void of the minimal evidence that these documents were ever served upon defendant or otherwise brought to her attention. Absent any evidence that defendant was in some manner made aware of the right to a contested hearing, we must reverse and remand. People v Darrell, supra, People v Brooks, 91 Mich. App. 624; 283 N.W.2d 817 (1979).
Reversed and remanded.