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White v. State

District Court of Appeal of Florida, Fourth District
Jun 16, 1976
332 So. 2d 350 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1258.

May 7, 1976. Rehearing Denied June 16, 1976.

Appeal from Circuit Court, Broward County; James M. Reasbeck, Judge.

Arnold T. Blostein, Fort Lauderdale, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.


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.


Summaries of

White v. State

District Court of Appeal of Florida, Fourth District
Jun 16, 1976
332 So. 2d 350 (Fla. Dist. Ct. App. 1976)
Case details for

White v. State

Case Details

Full title:DAVID HARTFORD WHITE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 16, 1976

Citations

332 So. 2d 350 (Fla. Dist. Ct. App. 1976)

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Acquittal on the substantive offense is not a collateral estoppel bar to revocation of probation on the same…