Miller v. State

Citation106 So.3d 510
Decision Date01 February 2013
Docket NumberNo. 5D12–1661.,5D12–1661.
PartiesTodd MILLER, Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

106 So.3d 510

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

No. 5D12–1661.

District Court of Appeal of Florida,
Fifth District.

Feb. 1, 2013.


Appeal from the Circuit Court for Orange County, C. Jeffery Arnold, Judge.
Todd H. Miller, Bushnell, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Appellant challenges the lower court's order removing a court-ordered lien on his inmate trust account but denying his request for reimbursement of funds used from the account to pay court costs and fines. The State properly concedes error. See Wilcox v. State, 79 So.3d 878, 878–79 (Fla. 5th DCA 2012) (holding that no statutory basis exists to impose lien on inmate trust account for court costs and fines); Araujo–Espichan v. State, 62 So.3d 683, 684 (Fla. 5th DCA 2011) (reversing judgment that improperly placed lien on inmate's account and instructing lower court to reimburse funds removed from account).

Accordingly, we REVERSE and REMAND, with instructions that the State be ordered to reimburse Appellant for the $883 improperly removed from his account pursuant to the lien order.

REVERSED and REMANDED.

SAWAYA, TORPY and JACOBUS, JJ., concur.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT