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eBook details

• Title: Wilson V. People
• Author : Colorado Supreme Court
• Release Date : January 14, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

We granted certiorari in this case to determine whether a defendant is entitled to be heard, to present evidence, and to confront the witnesses against him prior to the revocation of his placement in a community corrections facility for violation of a condition of that placement. The defendant contends that the language of sections 17-27-103(3), 8A C.R.S. (1986), and 17-27-114, 8A C.R.S. (1986), as well as the due process clause of the fourteenth amendment require that an offender be afforded such a hearing. The trial court determined that neither statutory law nor procedural due process necessitates such a hearing. On appeal, the Colorado Court of Appeals affirmed. Wilson v. People, 717 P.2d 982 (Colo. App. 1985). We hold that section 17-27-114, 8A C.R.S. (1986), does contemplate that an informal hearing will be conducted on the issues of whether the defendant violated a condition of his placement and whether that placement should be revoked, and that the defendant has the right to participate in that hearing. Accordingly, we reverse the judgment of the court of appeals.

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