State v. Diaz

District Court of Appeal of Florida

State v. Diaz

440 So. 2d 1318, 1983 Fla. App. LEXIS 23588

District Court of Appeal of Florida·Decided November 1, 1983·No. No. 83-264·Published·Cited by 2 cases

Opinion

PER CURIAM.

An executive warrant which is regular on its face and complies with the essential requirements for extradition, presents a prima facie showing of the propriety of extradition. See Moore v. State, 407 So.2d 991 (Fla. 3d DCA 1982). We reject Diaz’ contention that the necessary documents were facially improper because they contained no express language finding probable cause. The warrant signed by the superior court judge, however, sufficiently established probable cause for extradition. State v. Norman, 362 So.2d 467 (Fla. 1st DCA 1978).

Reversed and remanded.

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PER CURIAM.

An executive warrant which is regular on its face and complies with the essential requirements for extradition, presents a prima facie showing of the propriety of extradition. See Moore v. State, 407 So.2d 991 (Fla. 3d DCA 1982). We reject Diaz’ contention that the necessary documents were facially improper because they contained no express language finding probable cause. The warrant signed by the superior court judge, however, sufficiently established probable cause for extradition. State v. Norman, 362 So.2d 467 (Fla. 1st DCA 1978).

Reversed and remanded.

State v. Diaz, 440 So. 2d 1318, 1983 Fla. App. LEXIS 23588 (Fla. Ct. App. 1983).

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Opinion

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