ALBERTHA DORIS KINER, PETITIONER,
v.
STATE BOARD OF EDUCATION, RESPONDENT

Fla. 1st DCA | 1977-04-19
No. BB-292
RAWLS, Acting C. J., and McCORD, J., concur.
344 So. 2d 656 Florida District Court of Appeal, First District (1977) Positive Treatment
Cited by 2 cases


Opinion of the Court
SMITH, Judge.

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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  • Antel v. Dep't of Prof'l Reg., 522 So. 2d 1056 (Fla. 5th DCA 1988)
    …still considered “contrary to justice, honest, principle, or good morals.” State ex rel. Tullidge v. Hollingsworth, 108 Fla. 607, 146 So. 660, 661 (1933); c.f., The Florida Bar v. Casety, 499 So. 2d 831 (Fla.1986); Kiner v. State Board of Education, 344 So. 2d 656 (Fla. 1st DCA 1977). The burden of proof of rehabilitation was therefore placed on Antel at the hearing. Florida Department of Transportation v. J.W.C. Company, Inc., 396 So. 2d 778 (Fla. 1st DCA 1981). In view of the short time period since Antel’…

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