Home/District Court of Appeal of Florida/State v. Roesle

State v. Roesle

799 So. 2d 447, 2001 Fla. App. LEXIS 16254, 2001 WL 1450716
CourtDistrict Court of Appeal of Florida
DecidedNovember 16, 2001
DocketNo. 1D00-4804
StatusPublished

This text of 799 So. 2d 447 (State v. Roesle) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Roesle, 799 So. 2d 447, 2001 Fla. App. LEXIS 16254, 2001 WL 1450716 (Fla. Ct. App. 2001).

Opinions

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 (Fla.1985); Russ v. State, 313 So.2d 758 (Fla.1975); State v. Jones, 425 So.2d 178 (Fla. 1st DCA 1983); Bones v. State, 764 So.2d 888 (Fla. 4th DCA 2000); Jolly v. State, 756 So.2d 142 (Fla. 4th DCA 2000) (on reh’g).

REVERSED and REMANDED.

ERVIN and BARFIELD, JJ., concur. BENTON, J., CONCURRING IN JUDGMENT WITH WRITTEN OPINION.

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Related

United States v. Oppenheimer
242 U.S. 85 (Supreme Court, 1916)
Green v. State
463 So. 2d 1139 (Supreme Court of Florida, 1985)
Bones v. State
764 So. 2d 888 (District Court of Appeal of Florida, 2000)
State v. Swain
517 P.2d 684 (Oregon Supreme Court, 1974)
State v. Gonzalez
380 A.2d 1128 (Supreme Court of New Jersey, 1977)
State v. Jones
425 So. 2d 178 (District Court of Appeal of Florida, 1983)
State v. McCord
402 So. 2d 1147 (Supreme Court of Florida, 1981)
Joyner v. State
678 N.E.2d 386 (Indiana Supreme Court, 1997)
People v. Gray
222 N.W.2d 515 (Michigan Supreme Court, 1974)
People v. Williams
322 N.E.2d 461 (Illinois Supreme Court, 1975)
Cook v. State
381 A.2d 671 (Court of Appeals of Maryland, 1978)
Commonwealth v. Williams
725 N.E.2d 217 (Massachusetts Supreme Judicial Court, 2000)
Jolly v. State
756 So. 2d 142 (District Court of Appeal of Florida, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
799 So. 2d 447, 2001 Fla. App. LEXIS 16254, 2001 WL 1450716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-roesle-fladistctapp-2001.