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McCRAY v. STATE

No. 2D06-3603.

941 So.2d 1262 (2006)

Todd McCRAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 22, 2006.

NORTHCUTT, Judge.

This is an appeal from a summary denial of Todd McCray's motion to proceed in forma pauperis. Appellee has conceded that the postconviction court erred in its application of section 57.085, Florida Statutes (2005), because McCray's petition for writ of habeas corpus is a collateral criminal proceeding which, pursuant to section 57.085(10), is exempt from section 57.085. In his motion, McCray was not seeking deferral of prepayment of court costs and...

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