State v. Wiggs

OPINION

SHEA, Justice.

This matter comes before the Supreme Court on the appeal of the defendant Richard Wiggs (Wiggs) from a Superior Court denial of his motion to dismiss a breaking and entering complaint on grounds of collateral es-toppel. For the reasons that follow we reverse the decision of the Superior Court.

On May 1, 1990, defendant pleaded nolo contendere to one count of breaking and entering without the consent of the owner and to one count of simple assault. The defendant received a suspended sentence of three years at the Adult Correctional Institutions as well as five years of…