Ostrander v. State

Missouri Court of Appeals

Ostrander v. State

565 S.W.2d 653, 1978 Mo. App. LEXIS 2804

CourtMissouri Court of Appeals

DecidedJanuary 31, 1978

DocketNo. 38344

StatusPublished

Cited by2 cases

This text of 565 S.W.2d 653 (Ostrander v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ostrander v. State, 565 S.W.2d 653, 1978 Mo. App. LEXIS 2804 (Mo. Ct. App. 1978).

Pincite

Opinion

CLEMENS, Presiding Judge.

By a Rule 27.26 motion movant Val Dean Ostrander has challenged the 25-year sentence imposed after a jury trial on a charge of felonious assault. After trial but before being sentenced movant fled to South Carolina. He was returned to Missouri by extradition and sentence and imprisonment followed. He did not appeal.

Movant challenges his extradition under Agreement on Detainers, § 222.160, RSMo. He contends its purpose is to expedite untried charges, and that when extradited he had already been tried even though not yet sentenced. We need not resolve that issue.

In Watson v. State, 475 S.W.2d 8 [3, 4] (Mo.1972), the court held: “In a proceeding under S.Ct. Rule 27.26, we do not inquire into, the validity of extradition proceedings under which a defendant has been returned to this jurisdiction.” And, in Huffman v. State, 487 S.W.2d 549[1] (Mo.1972), the court ruled that “once the accused has been brought within the custody of the demanding state, the legality of the extradition is no longer a proper subject of any legal attack by him.” So it is here.

Judgment affirmed.

SMITH and McMILLIAN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI