Does collateral estoppel apply to a motion to revoke a defendant's probation?

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):

California law is consistent with these legal principles. The case squarely on point is Chamblin v. Municipal Court, supra, 130 Cal.App.3d 115, 181 Cal.Rptr. 636. In Chamblin, defendant's probation was revoked for several newly committed offenses, including drunk and reckless driving. Although the judge failed to find at the revocation hearing that defendant was the driver of the vehicle, in the ensuing criminal action defendant was charged with both reckless driving and driving while under the influence of alcohol and/or drugs. Defendant moved to dismiss the charges on grounds of collateral estoppel and, after his motion was denied, he filed a petition for a writ of prohibition in superior court. The appellate court affirmed the denial of the writ by holding that the doctrine of collateral estoppel was inapplicable. In persuasive reasoning Justice Reynoso, speaking

Page 346

Other Questions


In a motion to revoke and reinstate probation and remand the matter for further proceedings, what is the difference between a violation of probation and a breach of the probation conditions? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Does a motion to revoke the grant of probation of a defendant who embezzled from her employer constitute a violation of the terms of her probation? (California, United States of America)
Is a probation report's citation of out-of-state convictions sufficient to revoke a defendant's probation? (California, United States of America)
Does the doctrine of forfeiture apply to a defendant's failure to challenge the imposition of a probation supervision fee and the cost of preparing a probation report? (California, United States of America)
Does the trial court abuse its discretion when it denied a defendant's motion to exclude the testimony of Page 35 of the Defendant's lawyer as more prejudicial than probative? (California, United States of America)
What happens if a defendant loses an oral motion to revoke her probation? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
How has the trial court treated a motion to suppress a motion by a public defender appointed to represent defendant? (California, United States of America)
Does the contrary rule of the Probation Guidelines apply to a defendant's probation report? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.