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Ex parte Doan

While on probation in Brazos County for drug possession, appellant was charged in Travis County with misdemeanor theft. The Brazos County Attorney moved to have his probation revoked on the basis (among others) that committing the theft violated his conditions of probation. The Brazos County court denied the motion. Appellant then applied for a writ of habeas corpus in Travis County, arguing that the Brazos County court's rejection of the theft allegation collaterally estopped his prosecution for theft. The Travis County court ultimately denied his habeas corpus application, and he appealed. The Austin Court of Appeals concluded that the Travis County Attorney is not collaterally estopped from prosecuting appellant for theft because it did not participate in Doan's Brazos County probation-revocation hearing. Austin Court of Appeals, No. 03-08-00704-CR, 09-17-2010

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OPINION

While on probation in Brazos County for drug possession, Dustin Doan was charged in Travis County with misdemeanor theft. The Brazos County Attorney moved to have Doan’s probation revoked on the basis (among others) that committing the theft violated Doan’s conditions of probation. The Brazos County court denied the motion. Doan then applied for a writ of habeas corpus in Travis County, arguing that the Brazos County court’s rejection of the theft allegation collaterally estopped his prosecution for theft. The Travis County court ultimately denied Doan’s habeas corpus application, and Doan appealed. We will affirm.

FACTUAL AND PROCEDURAL BACKGROUND

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