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SIMMONS v. McDONOUGH

No. 1D05-6172.

941 So.2d 1259 (2006)

Johnny SIMMONS, Petitioner, v. James R. McDONOUGH, Secretary, Florida Department of Corrections, Respondent.

District Court of Appeal of Florida, First District.

November 21, 2006.

Attorney(s) appearing for the Case

Johnny Simmons, pro se, Petitioner.

Rosa Carson, General Counsel, and Sherry Anita Toothman, Assistant General Counsel, Florida Department of Corrections, Tallahassee, for Respondent.

PER CURIAM.

We deny the petition for writ of certiorari on the merits as to petitioner's claim that the circuit court departed from the essential requirements of law when it denied his petition for writ of mandamus. However, because petitioner's claim constituted a collateral criminal proceeding within the meaning of section 57.085(10), Florida Statutes, the trial court improperly imposed liens upon petitioner's inmate trust account for payment of court costs and...

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