STATE v. SPANBAUER

No. 81-2042-CR.

108 Wis.2d 548 (1982)

322 N.W.2d 511

STATE of Wisconsin, Plaintiff-Respondent, v. Victor SPANBAUER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 23, 1982.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Edmund C. Carns of Oshkosh.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, Pamela Magee-Heilprin, assistant attorney general.

Before Voss, P.J., Brown and Scott, JJ.


SCOTT, J.

Victor Spanbauer was convicted of third-degree sexual assault and one count of fornication. He argues that the charges against him should have been dismissed under the doctrine of collateral estoppel because the same allegations were heard and rejected as the basis for parole revocation. We conclude that collateral estoppel does not apply because the legal principles governing parole revocation differ from those governing criminal proceedings. We also reject...

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