Opinion
No. 4D14–3886.
03-18-2015
Scott CLAPP, Appellant, v. STATE of Florida, Appellee.
Scott Clapp, Cross City, pro se. No appearance required for appellee.
Scott Clapp, Cross City, pro se.
No appearance required for appellee.
Opinion
PER CURIAM.
We affirm the trial court's order denying appellant's rule 3.850 motion, which the court treated as a petition for writ of habeas corpus. During the course of the proceedings below, the state withdrew the affidavits charging appellant with a violation of probation (VOP) in the two lower tribunal case numbers in question. Appellant's argument concerns the propriety of a detainer that has been lodged against him based on warrants issued on the now withdrawn VOP affidavits. Our affirmance is without prejudice for appellant to request that the arrest warrants be vacated and, if necessary, to pursue mandamus relief to compel the sheriff to remove the detainer. See generally Moore v. State, 137 So.3d 611, 613 (Fla. 4th DCA 2014) ; Perkins v. State, 766 So.2d 1173, 1175 (Fla. 5th DCA 2000) (explaining that a mandamus action filed in the circuit court with jurisdiction over the party improperly lodging the detainer is the proper remedy where the defendant alleged that he is entitled to removal of the detainer).
Affirmed.
GROSS, LEVINE and KLINGENSMITH, JJ., concur.