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STATE v. ROMANS

No. 83-1880.

452 So.2d 655 (1984)

STATE of Florida, Appellant, v. Harold Wayne ROMANS, Appellee.

District Court of Appeal of Florida, Second District.

July 6, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellant.

R. John Cole, II of Steves, Busch & Cole, Sarasota, for appellee.

PER CURIAM.

The state seeks reversal of the lower court's order granting the defendant's motion to dismiss based on res judicata and collateral estoppel. We reverse.

The issue below was whether the state was barred on the ground of res judicata or collateral estoppel from prosecuting the substantive offense for which the trial judge ruled there was insufficient evidence upon which to revoke probation in a separate

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