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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