JOHN LESTER NESBIT, III, ALIAS JACK LESTER NESBIT, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• 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…
• 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. Mitchell, 245 So. 2d 618 (Fla. 1971)