BROOKS v. FLORIDA PAROLE COMMISSION (2006)

District Court of Appeal of Florida,First District.

Alphonso BROOKS, Petitioner, v. FLORIDA PAROLE COMMISSION, Respondent.

No. 1D05-4902.

Decided: December 19, 2006

Alphonso Brooks, pro se, Petitioner. Bradley R. Bischoff, Assistant General Counsel, Florida Probation Commission, Tallahassee, for Respondent.

This Court finds no merit in petitioner's claims respecting the circuit court's order denying his petition for writ of mandamus. Accordingly, we deny his petition to the extent that it challenges said order.

However, pursuant to this Court's previous precedent, petitioner's argument that he is exempt from the placement of a lien on his inmate trust account requires that he be granted the relief requested. Petitioner argues that because his challenge to the Parole Commission's decision to suspend his presumptive parole release date and not to authorize his effective parole release date is a collateral criminal proceeding, the prison indigency lien provision does not apply. Petitioner's position is supported by this Court's decision in Spaziano v. Florida Parole Com'n, --- So.2d ----, ----, 2006 WL 1565289, *5 (Fla. 1st DCA 2006).

Accordingly, petitioner's Petition for Writ of Certiorari is DENIED in part, GRANTED in part, and REMANDED with directions to remove the lien from petitioner's inmate trust account.

PER CURIAM.

WEBSTER, POLSTON, and HAWKES, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network