171 N.W.2d 591
Docket No. 5,940.Michigan Court of Appeals.
Decided August 25, 1969.
Appeal from Monroe, James J. Kelley, Jr., J. Submitted Division 2 July 15, 1969, at Lansing. (Docket No. 5,940.) Decided August 25, 1969.
Edward “Shorty” Dixon was convicted, on his plea of guilty, of violation of probation. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski,
Solicitor General, James J. Rostash, Prosecuting Attorney, an John J. Sullivan, Chief Assistant Prosecutor, for the people.
Stanley M. Krawetz, for defendant on appeal.
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Before: BRONSON, P.J., and QUINN and DANHOF JJ.
PER CURIAM.
Following hearing on probation violation, defendant’s probation was revoked and he was sentenced to a prison term. He appealed as of right by claim of appeal. Although judgments entered after probation revocation are not appealable as of right (Calhoun v Macomb County Circuit Judge [1968], 15 Mich. App. 416), we treat this appeal as on leave granted and consider the merits of the questions raised.
Defendant’s brief on appeal argues that the trial court did not comply with GCR 1963, 785.3(2),[1] during the probation revocation proceedings. The people have filed motion to affirm. GCR 1963, 817.5(3).
It is manifest that GCR 1963, 785.3(2), does not apply to a probation revocation hearing under MCLA § 771.4[2] (Stat Ann 1954 Rev § 28.1134), such a proceeding not being a prosecution.
The questions raised, on which decision of the cause depends, are so unsubstantial as to need no argument or formal submission. Accordingly, motion to affirm is granted.
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