Drakes v. Florida Parole

Full title: Frankie Lee DRAKES, Appellant, v. FLORIDA PAROLE COMMISSION, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Apr 19, 2007

954 So. 2d 89 (Fla. Dist. Ct. App. 2007)

Opinion

No. 1D05-3860.

April 19, 2007.

An appeal from the Circuit Court of Leon County. Thomas H. Bateman, III, Judge.

Frankie Lee Drakes, pro se, for Appellant.

Kim Fluharty, General Counsel, and Bradley R. Bischoff, Assistant General Counsel, Tallahassee, for Appellee.

PER CURIAM.

We reverse the lower court's order dismissing Appellant's challenge to the Parole Commission's decision to suspend his presumptive parole release date. See Brooks v. Fla. Parole Comm'n, 948 So.2d 801 (Fla. 1st DCA 2006). Because Appellant's claim is a collateral criminal proceeding the appellant is not subject to the prisoner indigency lien of section 57.085, Florida Statutes (2005). See Brooks, 948 So.2d at 801. We remand with directions that the trial court remove the lien on Appellant's prisoner trust account and allow the petition to proceed without requiring prepayment of the calculated partial payment for court costs and fees.

REVERSED AND REMANDED.

BROWNING, C.J., BENTON and LEWIS, JJ., concur.