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STATE v. ROESLE

No. 1D00-4804.

799 So.2d 447 (2001)

STATE of Florida, Appellant, v. Dennis Leonard ROESLE, Appellee.

District Court of Appeal of Florida, First District.

November 16, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Felicia A. Wilcox and Robert R. Wheeler, Assistant Attorneys General, Tallahassee, for Appellant.

V. Keith Wells of V. Keith Wells, P.A., Pensacola, for Appellee.

PER CURIAM.

The order dismissing the violation of probation affidavit is reversed and the case is remanded for further proceedings. The bar of neither res judicata nor collateral estoppel precludes the circuit court from proceeding with the affidavit of probation violation after the county court had dismissed the underlying battery charge, which was the basis for the revocation action. See Green v. State, 463 So.2d 1139

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