Shumate v. State

OPINION

STATON, Judge

Clinton W. Shumate appeals the revocation of his probation. Shumate raises two issues for our review, which we restate as:

I. Whether the trial court violated the Double Jeopardy Clause by subjecting Shumate to two probation revocation proceedings based on the same alleged violation of probation.

II. Whether a second probation revocation proceeding is precluded by the doctrine of res judicata.

We reverse and remand.

Shumate was convicted of dealing in a schedule I controlled substance, a Class B felony, on June 9,1992. He was sentenced to ten years, with four years executed…