# Kiner v. State Board of Education

> District Court of Appeal of Florida · April 19, 1977 · 344 So. 2d 656

URL: https://www.frixlaw.com/law-library/cases/7483383

## Case

- **Full name:** Albertha Doris KINER v. STATE BOARD OF EDUCATION
- **Court:** District Court of Appeal of Florida
- **Decided:** April 19, 1977
- **Citations:** 344 So. 2d 656; 1977 Fla. App. LEXIS 15664
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Smith
- **Judges:** McCord, Rawls, Smith
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7483383

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7483383. Public record. Not legal advice.