Can a finding at a probation revocation hearing specifically find that evidence of a crime allegedly committed by the probationer has not been demonstrated by the requisite quantum of proof?

California, United States of America


The following excerpt is from Lucido v. Superior Court (People), 211 Cal.App.3d 343, 259 Cal.Rptr. 339 (Cal. App. 1989):

The question presented is this: If a trial court conducting a probation revocation hearing specifically finds that evidence of a crime allegedly committed by the probationer has not been demonstrated by the requisite quantum of proof, can that finding collaterally estop a subsequent criminal prosecution for the same offense? Our conclusion is that People v. Sims (1982) 32 Cal.3d 468, 186 Cal.Rptr. 77, 651 P.2d 321 compels an affirmative answer.

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