This section contains the nature of the case and procedural background.

Scarpelli (D) plead guilty to a charge of armed a robbery. The trial judge sentenced him to 15 years but suspended the sentence and placed him on probation for seven years. A month later D and a known criminal Fred Kleckner were arrested in the course of a burglary of a house. D admitted to his new crime but later claimed that the admission/confession was coerced. D's probation was revoked without a hearing on grounds that D was associating with known criminals and was involved in and arrested for a burglary. D began serving his 15-year sentence. D appealed.

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