TONY JONES, APPELLANT,
v.
FLORIDA PAROLE COMMISSION, APPELLEE
PER CURIAM.
This is an appeal from the circuit court’s denial of appellant’s petition for writ of mandamus. We affirm the circuit court’s denial of the petition challenging the revocation of his conditional release, but we must reverse the circuit court’s order imposing a lien on appellant’s prison account based on the holding in Schmidt v. Crusoe, 878 So. 2d 361 (Fla-2003). Under Schmidt, the circuit court erred when it ordered appellant to pay filing fees and imposed a lien on his prison account. See Cason v. Crosby, 892 So. 2d 536, 537-38 (Fla. 1st DCA 2005).
AFFIRMED as to the challenge to the order by which the circuit court denied mandamus, but REVERSED as to the challenge to the lien order, and that order is hereby QUASHED.
ERVIN, ALLEN, and WOLF, JJ., Concur.
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Santiago v. State, 88 So. 3d 1020 (Fla. 2d DCA 2012)…ion should not be given ‘unless the defendant is charged with an independent forcible felony, in addition to the offense for which he claims self-defense.’” [*1023] Redding v. State, 41 So. 3d 353, 354-55 (Fla. 2d DCA 2010) (quoting Wilson v. State, 944 So. 2d 1244, 1245 (Fla. 2d DCA 2006)) (emphasis added); see also Zuniga v. State, 869 So. 2d 1239, 1240 (Fla. 2d DCA 2004); Stoute v. State, 987 So. 2d 748, 749 (Fla. 4th DCA 2008). Thus, when the defendant claims self-defense as to every offense with which he…
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Terald Redding v. State, 41 So. 3d 353 (Fla. 2d DCA 2010)…6.041, Fla. Stat. (2009). An instruction on the forcible-felony exception should not be given “unless the defendant is charged with an independent forcible felony, in addition to the offense [*355] for which he claims self-defense.” Wilson v. State, 944 So. 2d 1244, 1245 (Fla. 2d DCA 2006) (quoting Smith v. State, 933 So. 2d 1275, 1276 (Fla. 2d DCA 2006)); see also Martinez v. State, 981 So. 2d 449, 454 (Fla.2008). When the instruction is read in the absence of a charge of an independent forcible felony, it es…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)
- Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005)