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Wilcox v. State

District Court of Appeal of Florida, Fifth District.
Feb 10, 2012
79 So. 3d 878 (Fla. Dist. Ct. App. 2012)

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. State

Opinion

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”).


Summaries of

Wilcox v. State

District Court of Appeal of Florida, Fifth District.
Feb 10, 2012
79 So. 3d 878 (Fla. Dist. Ct. App. 2012)

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. State

vacating and reversing an order imposing a lien where there was no statutory basis to impose the lien

Summary of this case from Hicks v. State
Case details for

Wilcox v. State

Case Details

Full title:Andrew WILCOX, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Feb 10, 2012

Citations

79 So. 3d 878 (Fla. Dist. Ct. App. 2012)

Citing Cases

Miller v. State

The State properly concedes error. See Wilcox v. State, 79 So.3d 878, 878–79 (Fla. 5th DCA 2012) (holding…

Hicks v. State

Under these circumstances, we must vacate the order and remand for further proceedings consistent with this…