Legal Opinion

White v. State

District Court of Appeal of Florida

Decided May 7, 1976No. 75-1258PublishedCited by 1 opinion

1Opinion of the Court

MAGER, Judge.

For better or for worse the Supreme Court has recently decided the precise issue raised in this appeal holding that an acquittal does not collaterally estop the same issue from being tried in a revocation of probation proceeding. Russ v. State, 313 So.2d 758 (Fla.1975). Moreover, further appellate consideration would seem to be precluded by a decision of such recent vintage. Cf. Hoffman v. Jones, 280 So.2d 431 (Fla.1973).

AFFIRMED.

CROSS, J., and GALE, JOHN, Associate Judge, concur.

2Cases cited2 opinions

  1. Hoffman v. JonesSupreme Court of Florida · 1973
  2. Russ v. StateSupreme Court of Florida · 1975

3Cited by1 opinion

  1. Bones v. StateDistrict Court of Appeal of Florida · 2000