State v. Williams

OPINION

JACOBSON, Judge.

This appeal presents the interesting question of whether the principles of collateral estoppel (issue preclusion) prohibit the state from trying the defendant on a substantive charge where that same charge was used as the basis of a petition to revoke probation, and the trial judge in the revocation of probation proceedings found that the state had failed to prove the defendant had committed the substantive crime.

This appeal arises from the consideration of two criminal proceedings: the conviction of the defendant in cause No. CR-105855 of the crime of sexual assault,…