People v. Warne

The State appeals from a judgment of the trial court which dismissed a burglary charge against defendant on the grounds of double jeopardy and collateral estoppel. The conduct which formed the basis for the burglary charge had previously been the ground for revocation of defendant’s sentence of probation for a prior unrelated conviction. The State contends that the court erred in dismissing the burglary indictment, contending that neither principles of double jeopardy nor collateral estoppel barred the prosecution.

To resolve the issue we are directed by the parties to varying interpretations…