(Download) "Knobel v. State" by Supreme Court of Wyoming " Book PDF Kindle ePub Free
eBook details
- Title: Knobel v. State
- Author : Supreme Court of Wyoming
- Release Date : January 29, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Appellant was sentenced on April 1, 1976, to a term of not less than two nor more than four years by the district court in Natrona County. The court, however, suspended the execution of this sentence and placed appellant on probation for a term of two years, subject to certain conditions. Thereafter, and on June 15, a petition was filed by the county attorney, seeking revocation of the probation, which was thereafter denied. Another petition for revocation was then filed by the same office on March 11, 1977. The district judge found, based upon said petition, that good cause existed for the issuance of a warrant and required that a copy of the petition be served upon appellant along with such warrant. The warrant was issued and served upon appellant on April 5, and on April 13 his bond was reduced and he was released. The motion was set for hearing on May 25. Appellant moved to dismiss this proceeding on May 24, alleging that it was based upon grounds which had been held insufficient for revocation in the earlier proceeding; that no preliminary hearing had been had upon the matter as required by then § 7-331.1(a), W.S. 1957, 1975 Cum.Supp. (now § 7-13-409, W.S. 1977), and in further reliance upon Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484, and Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656; and that therefore the district court had no jurisdiction in this proceeding. The court overruled this motion, finding no violation of defendants rights by virtue of the double jeopardy claim; that the proceeding to revoke was brought by the county attorneys office and not the Wyoming State Department of Probation and Parole; and that defendant had been provided with procedural due process. Appellant in this appeal pursues only the question of denial of due process, as phrased by his brief in this manner: