DIAZ v. McDONOUGH

No. 1D06-2803.

953 So.2d 657 (2007)

Gabriel DIAZ, Petitioner, v. James R. McDONOUGH, Secretary, Florida Department of Corrections, Respondent.

District Court of Appeal of Florida, First District.

March 30, 2007.


Attorney(s) appearing for the Case

Gabriel Diaz, pro se, Petitioner.

Daniel R. Burke, Assistant General Counsel, Department of Corrections, Tallahassee, for Respondent.


PER CURIAM.

Petitioner's argument that the circuit court erred in denying his petition for writ of mandamus is without merit and is rejected; however, because the underlying action constitutes a "collateral criminal proceeding" pursuant to section 57.085(10), Florida Statutes (2005), the circuit court improperly imposed a lien upon petitioner's inmate trust account for payment of court costs and fees. See Cox v. Crosby...

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