State v. Brunet

Amestoy, C J.

The question presented is whether collateral estoppel bars a criminal prosecution based on factual allegations decided adversely to the State in an earlier probation revocation proceeding. We hold that it does not. Accordingly, we affirm the judgment of conviction.

The material facts are undisputed. In November 1998, defendant was convicted of misdemeanor domestic assault, and sentenced to three to six months. The sentence was suspended, and defendant was placed on probation with the standard conditions of probation, as well as ■ several special conditions, including requirements…