HERBERT NEWSOME, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HERBERT NEWSOME, APPELLANT,
STATE OF FLORIDA, APPELLEE
215 So. 2d 29
Florida District Court of Appeal, Fourth District (1968)
Caution
Cited by 13 cases
Opinion of the Court
Appellant was tried and convicted for a violation of the Child Molester Act and sentenced to 25 years in the state penitentiary. On this appeal he presents the question of the constitutionality of such act. The grounds upon which appellant seeks to have the act declared unconstitutional have been decided adversely to appellant’s position in Buchanan v. State, Fla.App.1959, 111 So.2d 51, and McKee v. State, Fla.1967, 203 So.2d 321. The judgment and sentence are severally affirmed.
Affirmed.
CROSS and REED, JJ., concur.
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Chicken'n'things & Ins. Co. of N. Am. v. Martha Murray & the Fla. Dep't of Commerce, 329 So. 2d 302 (Fla. 1976)…cated that we would also have upheld the Commission if it had not overturned the industrial claims judge’s findings. Cf. Sentinel Star Express Co. v. Florida Public Service Comm’n, 322 So. 2d 503 (Fla.1975); Scheuerman v. Florida Real Estate Comm’n, 215 So. 2d 29 (Fla.App. 1968). This illustrates the great deference due the Commission’s fact finding under the standard adopted in LeLoup. Even in a case where we would have reached precisely the opposite conclusion from the evidence (if we had been the finder o…
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City OF Umatilla v. Pub. Emps. Relations Comm'n, 422 So. 2d 905 (Fla. 5th DCA 1982)…ly proscribes the rejection of the hearing officer’s findings of fact where those findings are supported by competent substantial evidence. Pasco County, 353 So. 2d at 115. The Commission also relies on Scheuerman v. Florida Real Estate Commission, 215 So. 2d 29 (Fla. 4th DCA 1968), as authority for the proposition that the Commission has the duty to make findings of fact from the record, notwithstanding the findings of the hearing examiner who alone heard the witnesses testify and observed their demeanor.…
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Pauline v. Charles F. Borer & the Fla. Real Est. Comm'n, 274 So. 2d 1 (Fla. 1973)…v. Jernigan, Fla.App.1966, 188 So. 2d 575; Rivard v. McCoy, Fla.App.1968, 212 So. 2d 672. . Foley v. Weaver Drugs, Fla.1965, 177 So. 2d 221. . DeGroot v. Sheffield, Fla.1957, 95 So. ed 912; Scheuerman v. Fla. Real Estate Commission, Fla.App.1968, 215 So. 2d 29. . Florida Real Estate Commission v. Rogers, supra. . Brod v. Jernigan, supra. . Rivard v. McCoy, supra.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Buchanan v. State of Fla. & Nathan Mayo, 111 So. 2d 51 (Fla. 1st DCA 1959)
- McKEE v. State, 203 So. 2d 321 (Fla. 1967)