DAVID HARTFORD WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID HARTFORD WHITE, APPELLANT,
STATE OF FLORIDA, APPELLEE
332 So. 2d 350
Florida District Court of Appeal, Fourth District (1976)
Positive Treatment
Cited by 2 cases
Opinion 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bones v. State, 764 So. 2d 888 (Fla. 4th DCA 2000)…y’s acquittal of Appellant on the offense constituting the violation. Acquittal on the substantive offense is not a collateral estoppel bar to revocation of probation on the same offense. See Russ v. State, 313 So. 2d 758 (Fla.1975); White v. State, 332 So. 2d 350 (Fla. 4th DCA 1976). We remand, however, for entry of a written order identifying the commission of the crime as the only ground for the violation. STONE, KLEIN, and STEVENSON, JJ., concur.…
Authorities Cited
- Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973)
- Berry v. Castro Farms, 313 So. 2d 758 (Fla. 1975)