California Court of Appeal

Where a trial court did not sustain allegations of a probation violation after hearing the evidence, and the district attorney subsequently realleged the same basis for a probation violation and successfully asked a different judge for a new probation hearing, the second judge's order revoking probation is reversed for failure to apply the doctrine of collateral estoppel, where all of the requirements of collateral estoppel were met, and the court's interest in preserving the rule of law and the integrity of the judicial process outweighed the interest in convenience.

Appellate Information

• Decided 01/24/2012
• Published 01/24/2012

Judges

• Marchiano

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Violet Elizabeth Grayson, Kamala D. Harris