WILLIAM PAUL JONES, APPELLANT,
v.
BREVARD COUNTY SCHOOL BOARD, APPELLEE
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ORFINGER, Judge.
The order of the School Board of Bre-vard County expelling appellant for the remainder of the 1983-84 school year is affirmed. This case is factually distinguishable from McEntire v. Brevard County School Board, 471 So. 2d 1287 (Fla. 5th DCA 1985). In McEntire the court found a complete absence of competent substantial evidence to support the conclusion of the school board that McEntire had represented caffeine pills as “speed” when he sold them. Here, although the pills sold by appellant were later shown to be caffeine, there is evidence which the Board was free to believe that appellant represented the pills as “speed.” This evidence included the testimony of the Dean of students that appellant told him he had purchased “speed” pills which he resold to various students and appellant’s signed and sworn statement (although later recanted) indicating the same facts. There is also testimony in the record that “speed” is the street name for amphetamines, a controlled substance under the laws of this state.
AFFIRMED.
COBB, C.J., and SHARP, J., concur.
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State v. Elkin, 595 So. 2d 119 (Fla. 3d DCA 1992)…nter, 420 So. 2d at 935. See Jackson v. State, 530 So. 2d 269, 272 (Fla.1988), cert. denied, 488 U.S. 1050, 109 S.Ct. 882, 102 L.Ed.2d 1005 (1989); Pieczynski v. State, 516 So. 2d 1048, 1051 (Fla. 3d DCA 1987); Adams v. School Bd. of Brevard County, 470 So. 2d 760, 762 (Fla. 5th DCA 1985). An illustration of this point is found in the case of Christopher v. State, 583 So. 2d at 645. The defendant there was convicted of first degree murder. Christopher was a multi-issue case dealing with more than one stateme…
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Dollar v. State, 685 So. 2d 901 (Fla. 5th DCA 1996)…een heard by someone other than a newspaper reporter. See, e.g., Jackson v. State, 530 So. 2d 269 (Fla.1988) (statements made by defendant at hospital to detective, while hearsay, were admissible as admissions); Jones v. Brevard County School Board, 470 So. 2d 760 (Fla. 5th DCA 1985) (testimony by dean of students that student told him he purchased speed pills and resold them admissible as admission). The problem in this case is that the reporter did not testify at trial as to what the defendant said to him.…
Authorities Cited
- McENTIRE v. Brevard Cnty. Sch. Bd., 471 So. 2d 1287 (Fla. 5th DCA 1985)