State v. Waters

In this case, we are asked to revisit our precedent in Ex parte Tarver, 725 S.W.2d 195 (Tex. Crim. App. 1986), to determine *654whether that decision remains good law. More than thirty years ago in Tarver , we held that the doctrine of collateral estoppel bars the State from prosecuting an offense following a trial judge's finding of "not true" as to the commission of that same offense at an earlier probation revocation hearing. The State contends in its petition for discretionary review that Tarver has been abrogated and should now be expressly abandoned. We conclude that Tarver meets the narrow…