Narrative Opinion Summary
In this appellate case, the defendant, who had entered a guilty plea for possession of heroin with intent to sell, challenged the denial of motions to suppress evidence and to reveal an informant's identity. The defendant contended that the conditions of his probation, which included consent to warrantless searches, were invalid due to a summary revocation of probation, arguing that such revocation effectively terminated these conditions. The court, however, found that a summary revocation does not end probationary conditions; rather, a formal due process hearing is required for actual revocation, which had not yet occurred. Consequently, the search conducted under the probation condition was upheld as valid. Furthermore, the court ruled that the denial to disclose the informant's identity was not subject to appellate review following the guilty plea. The judgment against the defendant was affirmed, with the court noting that the case law cited by the defendant was inapplicable to the circumstances at hand.
Legal Issues Addressed
Non-Reviewability of Certain Pre-Plea Decisionssubscribe to see similar legal issues
Application: Upon entering a guilty plea, the appellant's motion to disclose the informant's identity was deemed non-reviewable.
Reasoning: The denial of the motion to disclose the informant's identity was not reviewable following a guilty plea.
Requirement for Due Process Hearing in Probation Revocationsubscribe to see similar legal issues
Application: The court held that actual revocation of probation necessitates a due process hearing, which had not occurred in this case.
Reasoning: The court upheld that actual revocation requires a due process hearing, which had not yet occurred in Barkins' case.
Validity of Probationary Conditions Post-Revocationsubscribe to see similar legal issues
Application: The court determined that a summary revocation of probation does not terminate probationary conditions, including consent to warrantless searches.
Reasoning: The court concluded that the summary revocation does not terminate probation, meaning the probationary conditions, including consent to warrantless searches, remained in effect.