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Whited v. Fla. Comm'n on Offender Review

District Court of Appeal of Florida, First District.
Aug 22, 2014
145 So. 3d 951 (Fla. Dist. Ct. App. 2014)

Opinion

No. 1D13–4673.

2014-08-22

Roy S. WHITED, Appellant, v. FLORIDA COMMISSION ON OFFENDER REVIEW, Appellee.

An appeal from the Circuit Court for Leon County. Terry P. Lewis, Judge. Roy S. Whited, pro se, Appellant. Sarah J. Rumph, General Counsel, Florida Commission on Offender Review, Tallahassee, for Appellee.


An appeal from the Circuit Court for Leon County. Terry P. Lewis, Judge.
Roy S. Whited, pro se, Appellant. Sarah J. Rumph, General Counsel, Florida Commission on Offender Review, Tallahassee, for Appellee.
PER CURIAM.

Appellant challenges the circuit court's order denying in part and dismissing in part his petition for writ of mandamus in which he challenged the Florida Parole Commission's calculation of his presumptive parole release date. We affirm on all issues but one. We find the circuit court erred in imposing liens on appellant's inmate trust account for court costs and fees for filing his petition for writ of mandamus and subsequent appeal. See Fla. Parole Comm'n. v. Spaziano, 48 So.3d 714, 724 (Fla.2010); and § 57.085(10), Fla. Stat. Thus, we reverse the circuit court's orders imposing the liens, and we remand with instructions that the trial court direct that appellant be reimbursed for any funds that were removed from his account. On all other issues, we affirm.

AFFIRMED IN PART, REVERSED IN PART, and REMANDED WITH INSTRUCTIONS. LEWIS, C.J., WOLF and WETHERELL, JJ., concur.


Summaries of

Whited v. Fla. Comm'n on Offender Review

District Court of Appeal of Florida, First District.
Aug 22, 2014
145 So. 3d 951 (Fla. Dist. Ct. App. 2014)
Case details for

Whited v. Fla. Comm'n on Offender Review

Case Details

Full title:Roy S. WHITED, Appellant, v. FLORIDA COMMISSION ON OFFENDER REVIEW…

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

Date published: Aug 22, 2014

Citations

145 So. 3d 951 (Fla. Dist. Ct. App. 2014)

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