STATE v. WILLIAMS

Nos. 1 CA-CR 4373, 1 CA-CR 4374.

131 Ariz. 218 (1981)

639 P.2d 1043

STATE of Arizona, Appellee, v. Eddie Vance WILLIAMS, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied May 14, 1981.

Review Granted June 9, 1981.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Crim. Div., Greg A. McCarthy, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Paul J. Prato, Deputy Public Defender, Phoenix, for appellant.


OPINION

JACOBSON, Judge.

This appeal presents the interesting question of whether the principles of collateral estoppel (issue preclusion) prohibit the state from trying the defendant on a substantive charge where that same charge was used as the basis of a petition to revoke probation, and the trial judge in the revocation of probation proceedings found that the state had failed to prove the defendant had committed the substantive crime.

This appeal...

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