CITY OF MIAMI, PETITIONER,
v.
ROSALIND MASON, RESPONDENT
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The City of Miami challenged a circuit court's reversal of Rosalind Mason's prostitution conviction on certiorari grounds. The District Court of Appeal held that the circuit court improperly substituted its judgment on factual matters for the trial court's, finding that a prima facie case of solicitation was established and that the cited Williams v. United States precedent was distinguishable on the facts.
The circuit court departed from the essential requirements of law by substituting its judgment on factual matters for that of the trial court. The Williams precedent was inapplicable because the facts here—including discussion of price, agreement to pay, and demand for room payment—clearly distinguished the case from Williams, where no monetary remuneration was discussed.
[1] An appellate court departs from the essential requirements of law when it substitutes its judgment on controverted issues of fact for that of the trial court.
[2] A conviction for solicitation for prostitution may be sustained when the evidence establishes that the accused accosted a stranger, discussed and agreed upon a price, and…
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Join FLexlaw to unlock all legal intelligence“it's not within purview of an appellate court to retry controverted issues of fact”
Establishes the standard that appellate courts cannot substitute their judgment for the trial court's on factual matters
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Join FLexlaw to unlock all legal intelligenceRosalind Mason was convicted in Municipal Court of solicitation for prostitution. According to the arresting officer's testimony, Mason accosted a pol…
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The respondent, Rosalind Mason, was found guilty after trial in the Municipal *592Court of the City of Miami of solicitation for prostitution. Upon appeal to the circuit court, that court reversed the conviction basing its reversal upon Williams v. United States, 71 App.D.C. 377, 110 F.2d 554 (1940). The City of Miami has filed a petition for writ of certiorari in this court alleging that the circuit court departed from the essential requirements of law in that the appellate court substituted its judgment as to matters of fact for that of the trial court. See Felton v. City of Pensacola, Fla.App.1967, 200 So.2d 842, reversed on other grounds, 390 U.S. 340, 88 S.Ct. 1098, 19 L.Ed.2d 1220 (1968).
A review of the record which was before the circuit court convinces us that the City did in fact establish a prima facie case of solicitation for prostitution against the respondent. The only way that the factual situation set forth in Williams v. United States, supra, could be applicable would be for the reviewing court to have refused to believe the testimony of the officer who made the arrest and to have accepted the testimony of the respondent in its entirety together with all of the inferences therefrom. In view of the numerous cases holding that it’s not within purview of an appellate court to retry controverted issues of fact, we hold that the circuit court departed from the essential requirements of law in the application of the Williams opinion, see State v. Sebastian, Fla.1965, 171 So.2d 893.
The factual basis of the Williams case which was cited by the circuit court in its opinion is that the accused in that case voluntarily got into the car of a stranger after asking him if he would like to have a date. Upon entering the car, she offered only to ride around with him. There was no discussion of monetary remuneration. The facts of the case presently under review as testified to by the police officer are that: 1) the respondent accosted the police officer who was a stranger to her; 2) she asked him if he wanted to have a good time; 3) there was a discussion of price and an agreement to pay the price; 4) there was a demand that the police officer pay for a room which was agreed to; 5) there was a meeting in front of the room for the purpose of carrying out the contract. We think that the fact of the discussion of the price to be paid and the other elements listed clearly distinguish this case from the holdings in Williams v. United States, supra.
The petition for certiorari is granted and the opinion and judgment of the circuit court reversing the conviction is quashed and the cause remanded to the circuit court with directions to affirm the decision of the Municipal Court of Miami.
It is so ordered.
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Citator
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City OF Miami v. Bell, 281 So. 2d 540 (Fla. 3d DCA 1973)…controverted questions of fact for that of the trial court. Review of the record herein establishes that there was sufficient evidentiary basis for the trial court’s finding of guilt. As stated by this court in City of Miami v. Mason, Fla.App.1971, 246 So. 2d 591, it is not within the purview of an appellate court to retry controverted factual issues of fact and to do so constitutes a departure from the essential requirements of law. Accordingly, the petition for certiorari is granted and the opinion and ju…
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City OF Miami v. Gaskell, 285 So. 2d 666 (Fla. 3d DCA 1973)…of the Miami Municipal Code and thereby determined it to constitute a simple assault situation. Thus, the Circuit Court lacked authority to substitute its judgment as to the facts decided by the trial judge. See City of Miami v. Mason, Fla.App.1971, 246 So. 2d 591. Accordingly, the decision and order of the Circuit Court is quashed with directions that the judgment and sentence of the Miami Municipal Court be reinstated. It is so ordered. . It is undisputed that the Miami Municipal Court has jurisdiction o…
Authorities Cited
- State v. Sebastian, 171 So. 2d 893 (Fla. 1965)
- Felton v. City of Pensacola, 390 U.S. 340 (U.S. 1968)
- Felton v. The City OF Pensacola, 200 So. 2d 842 (Fla. 1st DCA 1967)
- Williams v. United States, 110 F.2d 554 (D.C. Cir. 1940)