People v. Byron
Annotate this CaseDefendant appealed the revocation of her Post Release Community Supervision (PRCS) and 140 day jail sentence. Defendant alleged that her due process rights were violated because she was not arraigned within 10 days of her arrest and provided a Morrissey v. Brewer compliant probable cause hearing. Morrissey delineates the basic due process protections for a parole revocation and requires a probable cause hearing. The court concluded that nothing in the PRCS revocation procedures employed in this case violate the letter or spirit of Morrissey; defendant did not languish indefinitely in county jail after the hearing officer advised her of the charges and found probable cause for her incarceration; and the revocation hearing was conducted in superior court approximately 45 days after her arrest. Had plaintiff not requested a continuance, the evidentiary hearing would have been held 25 days after her arrest. Because there was no due process violation, the court affirmed the judgment.
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