Legal Opinion

Bond v. State

District Court of Appeal of Florida

Decided March 7, 2003No. 1D02-0518Published

1Opinion of the CourtHawkes, J.

Appellant appeals an order revoking his probation. We affirm the revocation, notwithstanding a jury’s acquittal of Appellant on the offense constituting the probation violation. Because differing standards are applicable, “[a]cquittal on the substantive offense is not a collateral estoppel bar to revocation of probation on the same offense.” Bones v. State, 764 So.2d 888 (Fla. 4th DCA 2000), citing Russ v. State, 313 So.2d 758 (Fla.1975). However, the trial court’s order indicates it revoked Appellant’s probation for possession of a firearm, and for “new law violations.” The affidavits of…

2Cases cited3 opinions

  1. Russ v. StateSupreme Court of Florida · 1975
  2. Gamble v. StateDistrict Court of Appeal of Florida · 1999
  3. Bones v. StateDistrict Court of Appeal of Florida · 2000

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