PER CURIAM.
At defendant's probation hearing held on August 21, 1967, probation was revoked and he was sentenced to prison.
The offense herein was uttering and publishing, CL 1948, § 750.249 (Stat Ann 1962 Rev § 28.446) providing for a maximum sentence of 14 years.
Counsel was not offered defendant at the hearing nor was counsel waived by him.
Since the ruling in Mempa v. Rhay (1967), 389 U.S. 128 ( 88 S Ct 254, 19 L Ed 2d 336) a defendant must be afforded counsel at a hearing resulting in probation revocation and sentence. See McConnell v. Rhay (1968), 393 U.S. 2 ( 89 S Ct 32, 21 L Ed 2d 2), People v. Lott (1968), 12 Mich. App. 123, People v. Hernandez (1968), 14 Mich. App. 741, and People v. Dye (1967), 6 Mich. App. 217.
Defendant's sentence is set aside and the cause is remanded to the trial court for probation violation hearing with counsel present, unless defendant intelligently waives counsel for such hearing.