
    PEOPLE v. BROWN
    Constitutional Law — Due Process — Assistance of Counsel — Revocation of Probation — Sentencing.
    ■ A convicted criminal who is on probation is entitled to be . . assisted by counsel, regardless of whether or not he can afford to hire his own attorney, at any hearing on revoca- ' tion of his probation that includes sentencing, and he must be so advised before he can be sentenced.
    Reference for Points in Headnote
    gl Am Jur 2d, Criminal Law § 568.
    Appeal from Kent, Stuart Hoffrus, J. Submitted Division 3 May 12, 1969, at Detroit.
    (Docket No. 4,947.)
    Decided May 27, 1969.
    Charles Sylvester Brown was convicted of larceny in a building and placed on probation. Defendant’s probation was later revoked and be was sentenced to prison. Defendant appeals.
    Reversed and remanded.
    
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, James K. Miller, Prosecuting Attorney, and Jack L. Winter and Robert J. Stephan, Assistant Prosecuting Attorneys, for tbe people.
    
      Charles Sylvester Rrown, in propria persona.
    
    BEFORE: Fitzgerald, P. J., and Levin and T. M. Burns, JJ.
   Per Curiam.

The defendant’s probationary sentence was revoked at a hearing during which he was not offered or represented by counsel.

Mempa v. Rhay (1967), 389 US 128 (88 S Ct 254, 19 L Ed 2d 336) requires that the court advise one accused of probation violation of his right to be represented by counsel and, if indigent, to the appointment of assigned counsel if the violation hearing includes sentencing. That holding applies retroactively. McConnell v. Rhay (1968), 393 US 2 (89 S Ct 32, 21 L Ed 2d 2); People v. Marshall (1969), 16 Mich App 578.

The revocation of the defendant’s probation and sentence to prison is set aside and the cause is remanded for a hearing on the probation violation charge at which the defendant shall be advised of his right to be represented by counsel and, if indigent, to the appointment of assigned counsel.  