Summary
holding that no statutory basis exists to impose lien on inmate trust account for court costs and fines
Summary of this case from Miller v. StateOpinion
No. 5D10–2474.
2012-02-10
Andrew WILCOX, Appellant, v. STATE of Florida, Appellee.
Appeal from the Circuit Court for Orange County, C. Jeffery Arnold, Judge.Andrew Wilcox, Jasper, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.
Appeal from the Circuit Court for Orange County, C. Jeffery Arnold, Judge.Andrew Wilcox, Jasper, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.
JACOBUS, J.
Andrew Wilcox appeals from an order denying his motion for relief from a judgment that placed a lien on his prisoner's trust account for the collection of court costs arising out of his criminal conviction. Wilcox contends there is no statutory basis for the imposition of the lien. We agree and reverse.
The trial court's order found that the lien was permissible under section 775.089, Florida Statutes. However, the court appears to have erred in relying upon this section, which deals with restitution,
TORPY and EVANDER, JJ., concur.
1. See Connor v. State, 944 So.2d 488, 492 (Fla. 5th DCA 2006) (Sawaya, J., concurring) (explaining that section 775.089 was enacted “to make payment of restitution to crime victims mandatory unless clear and compelling reasons exist to justify nonpayment”).