Findings Of Fact Based on the evidence presented at hearing, the Hearing Officer makes the following findings of fact: Approximately three years ago, when he was 21 years of age, Rudolpho A. Herrera ran afoul of the law. He made arrangements to have a friend obtain from another acquaintance of Herrera's between four to seven grams of cocaine. Herrera's friend received the cocaine and transported it across state lines to North Carolina where his scheme was uncovered and he was arrested. When questioned by the authorities, the friend revealed Herrera's involvement in the matter. Herrera was subsequently extradited to North Carolina and charged with conspiracy to distribute cocaine in violation of 21 U.S.C. Section 846. He pled guilty to the charge and, on September 2, 1986, was convicted in federal district court of the offense. Never before had he, nor has he since, been convicted of any crime. Because of his cooperation following his apprehension, Herrera was treated leniently by the court. He was sentenced to three years imprisonment, the first six months of which he was to spend in a community treatment center. The remainder of his three-year sentence of imprisonment was to be suspended and he was to be placed on five years probation after his release from the community treatment center. While confined to the community treatment center, Herrera was a model inmate. As a result of his exemplary behavior, he was released from the center and placed on probation two months early. During the time that Herrera has been on probation he has been a law abiding citizen. Moreover, he has complied with all of the terms and conditions of his probation. Herrera is now, and has been since the period of his confinement at the community treatment center, gainfully employed. For the past year and a half he has been employed by Five Stars Furniture Corporation as a manager of a furniture store. He is a trusted employee who has been given the keys to the store and the code to its alarm system. Herrera has been fair and honest in his dealings with his employer, his subordinates and his customers. Although his current employment situation is a positive one, Herrera wants to enter the real estate field to better himself. Charles W. Cadman, the Vice-President of Coconut Grove Realty Corporation, has expressed a willingness to assist Herrera in obtaining his real estate salesman license and to employ Herrera once he obtains his license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a Final Order denying Petitioner's application for licensure as a real estate salesman, without prejudice to Petitioner filing a subsequent application when he is able to show that his rehabilitation is sufficiently complete to entitle him to such licensure. See Karl v. Florida Real Estate Commission, 229 So.2d 610, 611 (Fla. 3d DCA 1969)(Commission may not preclude an applicant whose application has been denied because of a prior felony conviction from reapplying for licensure and showing subsequent rehabilitation. DONE and ENTERED this 10th day of April 1989, in Tallahassee, Leon County, Florida. STUART M. LERNER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th day of April, 1989. COPIES FURNISHED: Juan DeJesus Gonzalez, Esquire 2153 Coral Way, Suite 601 Miami, Florida 33145 Lawrence Gendzrier, Esquire Assistant Attorney General 400 West Robinson Street Suite 212 Orlando, Florida 32801 Darlene F. Keller Director, Division of Real Estate Florida Real Estate Commission Post Office Box 1900 Orlando, Florida 32802 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue The issue presented for decision herein is whether or not Petitioner's application for licensure as a Real Estate Salesman should be approved.
Findings Of Fact Based on my observation of the Petitioner and his demeanor while testifying, documentary evidence received and the entire record compiled herein, I make the following relevant factual findings. On approximately February 12, 1987, Petitioner filed an application to take the Florida real estate salesman's examination. In answering Question #6 of the application, regarding applicant's criminal record, Petitioner answered in the affirmative. Petitioner set forth the details, stating: "On May 14, 1985, plead (sic) nolo contendere to the offense of sexual battery. Through plea bargaining was sentenced to 10 years probation, which I am currently in good standing. Case was instituted by my sons (sic) girlfriend, who was living in my home. I had no witnesses in my behalf, made plea through the Public defenders (sic) office (I was not guilty)." (Respondent's Composite Exhibit 1) During the hearing, Petitioner admitted that he affirmatively responded to Question #6 on the license application and, in explanation, states that he was unable to retain an attorney when charged and he, upon advice of a public defender, entered the nolo contendere plea as a "plea of convenience". Petitioner did not present any witnesses at the hearing other than his testimony on his behalf. Petitioner denied that he was guilty of the crime that he was charged and related that his son and his girlfriend lived with him from approximately 1969 through 1980. Sometime during 1980, the son became a "problem child" and was unmanageable. For that reason, the son was placed in the care and custody of the Department of Health and Rehabilitative Services (HRS). Petitioner again took custody of the son when he reached his seventeenth birthday so that the son and his girlfriend could live with him during commencing September 30, 1983. Approximately one year later, during April, 1984, he was charged with the crime of sexual battery. In mitigation, Petitioner avers that he is in good standing with his probation officer and that he was formerly a police officer with the Miami Police Department. Petitioner offered no corroborating witnesses or other independent evidence to refute the charges or to otherwise offer testimony as to rehabilitation of his character.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: Petitioner's application to take the Real Estate License Examination be DENIED. RECOMMENDED this 28th day of January, 1988, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of January, 1988. COPIES FURNISHED: Manuel E. Oliver, Esquire Department of Professional Regulation Assistant Attorney General Suite 212, 400 West Robinson Street Orlando, Florida 32801 William F. Demler 11532 Terra Bella Boulevard Plantation, Florida 33325 Harold Huff, Executive Director Department of Professional Regulation Florida Real Estate Commission 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801 Tom Gallagher, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0760 William ONeil Department of Professional Regulation General Counsel 130 North Monroe Street Tallahassee, Florida 32399-0860
Findings Of Fact Respondent, on March 14, 1974, filed his application for registration as a real estate salesman with the Florida Real Estate Commission. The application was approved and he received his registration on July 8, 1974, and has been continuously registered with the Commission since that time (Petitioner's Exhibit 1.) In the Application for Registration, Question 9 and Respondent's answer thereto were as follows: 9. Have you ever been arrested for, or charged with, the commission of an offense against the laws of any municipality, state or nation, including traffic offenses, without regard to whether sentence has been passed or served, or whether the verdict or judgment has been reversed or set aside or not, or pardon or parole granted? Yes If yes, state details in full Traffic offenses: see attached sheet, one misdemeanor, City of North Miami Beach, Case 23855. (Petitioner's Exhibit 1,2). On August 17, 1973, Respondent was arrested in Dade County, Florida, and charged with the possession and sale of cocaine in violation of Section 893.13(1)(a), F.S. On May 31, 1974, Respondent was acquitted in the Circuit Court of the Eleventh Judicial Circuit of Florida, In and for Dade County, of the charge of sale or delivery of a controlled substance. In the same court, on July 12, 1974, he was found guilty of the charge of possession of a controlled substance, but adjudication of guilt was withheld and Respondent was placed on probation for a period of three years. (Petitioner's Exhibits 3, 4, 5, 6.) Petitioner testified that he had filed a prior application for registration as a real estate salesman in 1972 which was not approved because he did not pass the written examination. In 1974, he secured a blank application form which he gave to his father, Hal Sehres, to have typed for him. When it was prepared, he scanned it without reading it thoroughly and, since it seemed to be the same as his first application, he signed it and his father thereafter dispatched it to the Commission. The father testified that he had given the blank application to his secretary, along with the 1972 application, and asked her to type it. He also provided her with minor changes in address and information concerning the misdemeanor offense which had not occurred at the time the 1972 application had been executed. Although the father testified that he was aware his son had been arrested in 1973 for the sale and possession of cocaine, and that he meant to include it as part of the answer to Question 9, he knew that at that time disposition had not yet been made of the charge, and therefore, believed it was an honest mistake that he had not included it on the application.
Recommendation That the registration of Irving Paul Sehres as a real estate salesman be revoked, pursuant to Section 475.25(2), Florida Statutes. DONE AND ENTERED this 11th day of February 1976 in Tallahassee, Florida. THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of February 1976. COPIES FURNISHED: Louis B. Guttman, III, Esquire 2699 Lee Road Winter Park, Florida 32789 Seymour Silverman, Esquire 420 Lincoln Road Miami Beach, Florida 33139
Findings Of Fact At all times material to these proceedings, the Respondent was the holder of Florida real estate license number 0201688. The last license issued was as a nonactive broker with a home address of 2281 Euclid Avenues Fort Myers, Florida. On December 10, 1986, the Respondent entered a plea of guilty to the offense of obtaining a controlled substance by fraud in Case No. 861034CF in the Circuit Court of Lee County, Florida. The crime did not involve any business dealings in which the Respondent was acting as a real estate salesman or broker. The Respondent did not notify the Petitioner in writing of his plea within the thirty-day period because he believed he had entered a plea to a misdemeanor, which was exempt from the reporting requirement of 475.25(1)(p), Florida Statutes. A letter from his attorney before the plea was entered reflected an intent to enter a plea to a misdemeanor, subject to acceptance by the court. On July 15, 1987, in Case No. 86-1790CF in the Circuit Court of Lee County, Florida, the Respondent entered nolo contendere pleas to uttering a forged instrument in Counts I, III, V, VII, IX, XI, and XIII and grand theft in Counts II, VI, VIII, X, XII, and XIV. These charges involved personal business affairs and did not involve misconduct by the Respondent as a real estate salesman or broker. The Respondent notified the Florida Real Estate Commission of his adjudication of guilt for the grand thefts and the utterings of forged instruments in Case No. 86-1790CF by letter dated August 7, 1987. There are no specific findings of mitigating or aggravating circumstances as none were presented during the hearing of this case.
Findings Of Fact Petitioner is a regulatory agency of the State of Florida charged with the responsibility of investigating and processing applications for licensure of real estate salesmen in the State of Florida. On February 20, 1989, Petitioner filed an application with Respondent seeking licensure in the State of Florida as a real estate salesman. Question 7 of the application form required Petitioner to disclose whether he had ever been convicted of a crime, had been found guilty of a crime, or had entered a plea of guilty or nolo contendere to a crime. The question explicitly applied to any violation of the laws of any municipality, county, state or nation, including traffic offenses (except parking, speeding, inspection, or traffic signal violations), without regard to whether the applicant had been placed on probation, had had adjudication withheld, had been paroled, or had been pardoned. Petitioner disclosed the following violations of law in his handwritten response to Question 7: In 1985, attempted possession of cocaine less than 1 gram for which he received 60 days probation; In 1985, disorderly intoxication for which he received three months probation; In 1985, speeding for which he received a fine; In 1985, vandalism for which no disposition was shown; In 1986, violation of probation for which no disposition was shown, and In 1986, possession of a stolen automobile tag for which he received two years probation. Petitioner failed to disclose the following violations of law in his response to question 7: In 1977, sexual battery for which he was placed on five years probation; In 1980, violation of probation; and In 1980, driving under the influence of alcohol for which he received six months probation and a fine of $100. Petitioner knew that he had committed the undisclosed offenses and he knew that he had not listed the undisclosed offenses in response to question 7. Petitioner could not justify his failure to list the undisclosed violations in his response to question 7. Respondent's denial of Petitioner's application was based on the violations of law disclosed by Petitioner, on the violations of law Petitioner failed to disclose, and on the failure of Petitioner to disclose violations of law. Following the denial of his application, Petitioner timely requested a formal hearing. This proceeding followed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Department of Professional Regulation, Florida Real Estate Commission, enter a final order which denies Petitioner's application for licensure as a real estate salesman in the State of Florida. DONE and ORDERED this 28th day of September, 1989, in Tallahassee, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of September, 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 89-3180 The following rulings are made on the proposed findings of fact contained in the Proposed Recommended Order submitted by Respondent: The proposed findings of fact of paragraphs 1-3 are accepted. The proposed findings of fact of paragraph 4 that the charge of sexual battery was reduced to attempted sexual battery is rejected because there was no evidence that the charge was reduced. The remaining proposed findings of fact in paragraph 4 are accepted. The proposed findings in paragraph 5 are rejected as being recitation of testimony and as being subordinate to the findings made in paragraph 6 of the Recommended Order. The proposed findings of paragraph 6 are accepted as part of the Preliminary Statement of the Recommended Order, but they are rejected as findings of fact as being unnecessary to the result reached. COPIES FURNISHED: Jack P. Hardin 722 Fernwood Drive West Palm Beach, Florida 32801 Manuel E. Oliver, Esquire Assistant Attorney General Suite 212, 400 West Robinson Orlando, Florida 33405 Kenneth E. Easley, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Darlene F. Keller, Division Director Department of Professional Regulation Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801
Findings Of Fact On September 30, 1987, the Petitioner herein, Joseph A. Tumbiolo, submitted an Application For Licensure as a Real Estate Salesman, to the Respondent, Florida Real Estate Commission which was received on October 2, 1987. In response to question 6 on the application, Petitioner indicated he had pleaded guilty to and been found guilty of two separate misdemeanor batteries in 1986, and that adjudication of guilt had been withheld on a charge of false imprisonment the same year. Based on this answer and Petitioner's explanation thereof, the Commission denied his application for licensure on the basis that due to his convictions, he did not meet the requirement of Section 475.17(1), Florida Statutes. This section calls for the applicant to be "honest, truthful, trustworthy, and of good character, and ... [with] a good reputation for fair dealing." Records of the County Court of Pinellas County, Florida, reflect that on January 22, 1987, Petitioner pleaded guilty to two separate charges of battery (one against Charles J. Merteno on March 26, 1986, and one against Edwin D. Maxwell on April 13, 1986.) In both cases he was placed on probation for six months on the condition that he pay a $300.00 fine, do twenty-five hours of public service, refrain from the consumption of alcohol, and continue psychological counseling. Court records of the Circuit Court for the Sixth Judicial Circuit of Florida, in and for Pinellas County reflect that on November 17, 1986, Petitioner entered a plea of nolo contendere to a charge of false imprisonment of two women. Adjudication of guilt was withheld and Petitioner was placed on probation for 18 months on conditions which included, inter alia, that he continue counseling. Petitioner explained the circumstances of his offenses, indicating that the first two arose out of traffic incidents. The false imprisonment charge was filed when he called the police to eject two women from his video store when they refused to leave upon his request when he wanted to close up. He claims that all offenses came about due to his physical and mental state at the time which was affected by the pressure of his business. Business was bad, his landlord was giving him problems, he was working 60 to 70 hours per week, and he developed, he contends, a chemical imbalance in his system which resulted in his experiencing a manic episode. When the stress of the traffic incidents and the other incident with the ladies was applied, each created an overload and he lost control. None of the offenses was major. In no case was anyone injured. In the case of Mr. Maxwell, the victim did not press charges. Subsequent to these incidents and before the hearings took place, on his own volition, Petitioner sought medical help and psychological counseling for his physical problem. Both have helped him and he feels much better. He has been living with his parents in Bradenton, away from the source of his problems, and is doing well. Mr. Tumbiolo's probation officer indicates Petitioner has been diligent in trying to comply with all conditions of his probation and on December 10, 1987, petitioned the court to grant an early termination of probation. The court did not grant the request. Petitioner's probation counselor from the Salvation Army confirms that he has fully complied with the conditions of his probation. Family, friends and neighbors consider him to be reliable and trustworthy as well as compassionate and understanding of others. He is considered intelligent and pleasant and is recommended for employment. Mr. Tumbiolo is licensed as an insurance salesman in both New York and New Jersey and has worked in sales positions dealing with the public without problems for approximately ten years. He believes the counseling which he has undergone was very helpful to him and the correction of the chemical imbalance he formerly experienced has enabled him to now cope with stress in an appropriate manner. He has an offer to work in real estate with a family friend if he can get his record cleared.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that Petitioner, Joseph A. Tumbiolo, be denied licensure as a real estate salesman in Florida. Recommended in Tallahassee, Florida, this 10th day of June, 1988. ARNOLD H. POLLOCK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th day of June, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-1233 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. For the Petitioner NONE For the Respondent 1 - 4. Accepted and incorporated herein. Accepted and incorporated herein. Accepted and incorporated herein. COPIES FURNISHED: Joseph Anthony Tumbiolo 6811 - 18th Avenue Drive West Bradenton, Florida 34209 Manuel E. Oliver, Esquire DPR, Division of Real Estate Post Office Box 1900 Orlando, Florida 32801 Darlene F. Keller Acting Executive Director DPR, Division of Real Estate Post Office Box 1900 Orlando, Florida 32801
Findings Of Fact Based upon the documentary evidence received and the entire record compiled herein, I hereby make the following findings of fact: Respondent is now, and has been since April 6, 1981, a licensed real estate broker holding license no. 0077440. On August 17, 1984, Respondent was convicted in the United States District Court, Southern District of Florida, of the following offenses: Two counts of mail fraud; Three counts of the use of mail to defraud; Four counts of wire fraud; Two counts of interstate transportation of stolen property; One count of conspiracy to commit mail and wire fraud. The Petitioner was sentenced to total confinement of 15 years, total probation of 5 years and a total fine of $100,000.00. The court further ordered that the Petitioner not engage in any activity involving the solicitation of investors while on probation. The Respondent did not inform or otherwise advise the Florida Real Estate Commission in writing within 30 days of having been convicted of the aforementioned felonies.
Recommendation Based on the foregoing Conclusions of Law and Findings of Fact it is recommended that Respondent's license as a real estate broker be REVOKED. DONE and ORDERED this 10th day of December, 1985 in Tallahassee, Leon County, Florida. W. MATTHEW STEVENSON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 10th day of December, 1985. COPIES FURNISHED: Sue Hartmann, Esq. Department of Professional Regulation Florida Real Estate Commission West Robinson Street Orlando, Flordia 32801 Steven J. Sawyer Holiday Drive Hallandale, Florida 33009 Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esq. General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Harold Huff Executive Director Department of Professional Regulation Division of Real Estate 400 West Robinson Street P. O. Box 1900 Orlando, Florida 32802
The Issue Whether the petitioner meets the qualifications for licensure as a real estate salesman.
Findings Of Fact On July 6, 1984, the petitioner filed an application for licensure as a real estate salesman with the Department of Professional Regulations Division of Real Estate. The petitioner responded in the affirmative to question 6, which asked whether the applicant had "ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere. . .", and set forth the details as follows: "Attempted Possession of Stolen Property" (New York) Bronx Date of Probation May 29, 1984 Date of Conviction November 16, 1983 Probation Officer Ms. English 212-590-3101 By letter dated September 24, 1984, and undated letter filed October 31, 1984, the petitioner was informed that the Commission had denied his application for licensure. In pertinent part the letter stated as follows. "The power of the Commission to review and deny applications is based upon Sections 475.17 and 475.25, Florida Statutes. Subsection 475.17(1) calls for the applicant to be "honest, truthful, trustworthy, and of good character, and shall have a good reputation for fair dealing. . ." The reason for the Commission's action is based on your answer to Question(s) 6 of the licensing application and/or your criminal record according to the appropriate law enforcement agency. The petitioner owned a secondhand jewelry business in New York, similar to a pawn shop. He dealt with people all over the world, mainly wealthy people, and they sold him antiques and jewelry. He informed anyone coming in his store that he did not buy stolen goods and had a sign on his wall so stating. One gentleman, that had been a client for approximately three years, came into the store about every six or seven months to sell something. The last time this individual came into the store, about four weeks before the petitioner closed his business and moved to Florida, the individual implied that the gold he was selling might not belong to him. However, petitioner wasn't paying particular attention at that time to what the individual was saying since the petitioner had had previous dealings with him. After moving to Florida, in February of 1983, Petitioner was notified that he had been indicted in Bronx, New York. He flew back to New York and turned himself into the authorities. He discovered that the gentleman with whom he had been dealing for three years was a New York police officer and that their conversations had been taped. The tape revealed that during the last transaction the officer had implied that the gold he was selling did not belong to him. Petitioner pleaded guilty to attempted possession of stolen property, a felony, and was placed on probation for five years beginning in December, 1983. Petitioner has had a very good record while on probation. The petitioner held a real estate license in New York for over 10 years which has now expired. The license was never suspended or revoked and petitioner never had any other type of problem while in the real estate business. Since petitioner has been in Florida he has held responsible jobs handling large amounts of money. His employers, friends and coworkers have been impressed with his reliability, integrity and honesty. Petitioner presented sufficient evidence to show that since living in Florida he has been honest, truthful, trustworthy, of good character, and has a good reputation for fair dealing. Nevertheless, respondent pleaded guilty to the crime of attempted possession of stolen property and is still on probation for that crime. Although an isolated unlawful act or criminal conviction in the past does not necessarily mean that an individual is presently dishonest, untrustworthy or of bad character, 1/ it must be concluded that when an individual is presently on probation for a crime involving dishonest dealing, the unlawful act or conviction is not so remote that it can be deemed an isolated incident in the past. Because Petitioner is still on probation for a crime that involves dishonesty and a lack of trustworthiness, petitioner has not established that he meets the requirements of Section 474.17(1)(a), Florida Statutes.
Recommendation Based on the foregoing findings of fact and conclusions of law it is RECOMMENDED that petitioner's application for licensure be DENIED. DONE and ENTERED this 12th of December, 1985, in Tallahassee, Leon County, Florida. DIANE A. GRUBBS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 12th day of December, 1985.
Findings Of Fact Respondent is registered with the Florida Real Estate Commission (FREC) as a real estate broker. His certificate has been inactive since December 16, 1976 when Respondent voluntarily requested a non-active certificate pending completion of criminal proceedings. In November 1976 Respondent had been arrested by the Pompano Beach police on a charge of soliciting for prostitution and taken to the police station for interrogation. While being interrogated by the police, Respondent was placed under oath by a police Sergeant who also acts as Clerk of Court. During this sworn interrogation Respondent, in a confused state and without the assistance of counsel which he had requested, falsely answered a question regarding his whereabouts on a Friday night. Since he was home almost every night and didn't remember going out on that Friday he stated he was home on the Friday in question. At his subsequent trial on the charge of soliciting Respondent was acquitted. Thereafter the charge of perjury was brought based upon his answer during interrogation. Respondent's attorney negotiated with the State's Attorney for a nolo contendere plea, but when presented the judge refused to accept the nolo contendere plea and insisted Respondent plead guilty to the perjury charge. Upon advice of counsel, Respondent pleaded guilty and was placed on 3 years' probation. At the time of the alleged offense of solicitation Respondent was 65 years old and had been married to his present wife, who testified in his behalf at this hearing, since 1972.
