Opinion

Kiner v. State Board of Education

  • 344 So. 2d 656
  • 1977 Fla. App. LEXIS 15664
Court
District Court of Appeal of Florida
Filed
Apr 19, 1977
Status
Published
Author
Smith
On the bench
McCord, Rawls, Smith
Cited by
1 cases
Authority
More cited than 52.2%

The opinion

SMITH, Judge.

This petition for certiorari seeks review of the respondent Board’s order revoking petitioner’s teaching certificate on the ground she “entered a plea of guilty to a felony, to wit: Manslaughter.” Petitioner killed her husband with a shotgun. She was placed on probation after adjudication of guilt was withheld. Although the Board’s order does not in terms recite that petitioner was “guilty . . . of an act involving moral turpitude,” her plea of guilty is prima facie evidence of that fact. Section 231.28(3), Florida Statutes (1975). No evidence was offered significantly mitigating the apparent turpitude of the acknowledged offense. Petitioner’s certificate was therefore revocable under Section 231.28(1). We do not reach petitioner’s constitutional arguments which are based on other, more drastic conceptions of the meaning and application of the statute. The petition is

DENIED.

RAWLS, Acting C. J., and McCORD, J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.