Reynolds v. State

PRICE, J.,

filed a dissenting opinion.

I dissent. Before explaining why I do so, however, I feel it necessary to explain the circumstances from which this appeal arises. Last year, in State v. Brabson, 976 *29S.W.2d 182 (Tex.Crim.App.1998), we held that a district attorney was not collaterally estopped from litigating the issue of probable cause for arrest, even though the Department of Public Safety, in a prior administrative license revocation proceeding, had received an adverse ruling on this same issue. We stated that this was so for three reasons: (1) the Texas Department of Public Safety and…