JAMES A. WISNIEWSKI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida court affirmed dismissal of habeas petition seeking removal of Colorado detainer, holding that relief must be sought in Colorado under the Interstate Agreement on Detainers.
A Florida inmate's petition for habeas corpus seeking removal of a Colorado detainer must be brought in Colorado, the proper forum under Article V(c) of the Interstate Agreement on Detainers.
[1] Under the Interstate Agreement on Detainers, a petition to remove a detainer lodged by another state must be brought in the court of the state where the underlying indict…
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Join FLexlaw to unlock all legal intelligenceAn inmate in the Florida correctional system sought removal of a detainer lodged by Colorado from Florida's computer databases, claiming Colorado fail…
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PER CURIAM.
Appellant, an inmate in the Florida correctional system, seeks review of a final order dismissing his petition for a writ of habeas corpus in which he requested (1) that the Florida Department of Corrections be ordered “to remove ... from their computer data base” a detainer allegedly lodged against him by the State of Colorado; and (2) that the Florida Department of Law Enforcement be ordered “to remove the warrant and detainer from the N.C.T.C. computer.” Appellant based his petition upon the assertion that, despite his request for final disposition as contemplated by the Interstate Agreement on Detainers, the State of Colorado had failed timely to bring him to trial.
Both Florida and Colorado are participants in the Interstate Agreement on Detainers. See § 941.45, Fla.Stat. (1993); § 24-60-501, Colo.Rev.Stat. (1990). It appears that, pursuant to article V(c) of the Interstate Agreement on Detainers, the proper forum for the relief appellant requests is “the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending” — i.e., Colorado. See § 941.45, art. V(c), Fla.Stat. (1993). Accordingly, the order appealed is affirmed, without prejudice, how ever, to appellant’s right to seek relief in the proper Colorado court.
AFFIRMED.
MINER, WEBSTER and BENTON, JJ., concur.