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PEOPLE v. McKITCHENS

No. 80CA0985.

655 P.2d 858 (1982)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Leonard Edward McKITCHENS, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

November 18, 1982.

Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Richard Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Laura E. Udis, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Barbara S. Blackman, Deputy State Public Defender, Denver, for defendant-appellant.

BERMAN, Judge.

Defendant appeals his probation revocation alleging, inter alia, constitutionally defective notice. We reverse and remand for a new hearing.

In May 1979, defendant pled guilty to sale of a narcotic drug in violation of§§ 12-22-302 and 12-22-322, C.R.S.1973 (1978 Repl.Vol. 5). He was placed on probation for 3 years. The conditions of his probation required that he reside for nine months at a halfway house and that he abstain...

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