Opinion
No. 4D99-1590
Opinion filed August 9, 2000 JULY TERM 2000
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. No. 98-18134 CF B.
Steve M. Glerum of Steve M. Glerum, P.A., Fort Lauderdale, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and John Barker, Assistant Attorney General, Fort Lauderdale, for appellee.
We affirm Appellant's conviction and sentence upon a violation of probation notwithstanding a jury'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.