Grimes v. Ashley

Appellant appeals the denial of his petition for a writ of mandamus seeking removal of a detainer. The trial court failed to address Appellant’s argument that the charges that formed the basis of the de-tainer were barred by the expiration of the statute of limitations. As we must consider Appellant’s allegations in his petition as true, Appellant has sufficiently alleged a basis for removal of the detainer, and the trial court should have considered the same. See Jenkins v. State, 957 So.2d 20 (Fla. 5th DCA 2007); Perkins v. State, 766 So.2d 1173 (Fla. 5th DCA 2000).

Accordingly, we reverse…