People v. McEntyre

Defendant was convicted of breaking and entering an occupied dwelling with the intent to commit larceny. MCL 750.110; MSA 28.305. He was placed on probation. After finding that defendant had violated the terms of his probation, the sentencing judge revoked defendant’s probation and sentenced him to a prison term of 7-1/2 to 15 years. Defendant appeals by right.

Defendant first claims that his acquittal of criminal charges based on a set of facts precluded the revocation of his probation based on the same set of facts. His argument is based on principles of collateral estoppel to the extent…