State v. Romans

The state seeks reversal of the lower court’s order granting the defendant’s motion to dismiss based on res judicata and collateral estoppel. We reverse.

The issue below was whether the state was barred on the ground of res judicata or collateral estoppel from prosecuting the substantive offense for which the trial judge ruled there was insufficient evidence upon which to revoke probation in a sepa*656rate violation of probation hearing. In all essential particulars, this case is identical to State v. Justice, 451 So.2d 1056 (Fla. 2d DCA 1984), and on the authority and reasoning of Justice, we…