State v. Barza

The state appeals the dismissal of a first degree sexual abuse charge against defendant. ORS 163.425. The sole issue is whether a previous order revoking defendant’s probation collaterally estopped the state from prosecuting defendant on the present charge. We hold that it did not and reverse.

At the time of the charged offense, defendant was on probation to the District Court for Marion County for an earlier second degree sexual abuse conviction. Before trial on the present charge, the district court held a hearing to determine whether defendant’s probation should be revoked. The state, in a…