Whetstone v. Freeman

524 So. 2d 1159, 13 Fla. L. Weekly 1199, 1988 Fla. App. LEXIS 2017, 1988 WL 47492

Opinion

SCHWARTZ, Chief Judge.

Rejecting the appellant’s sole point on appeal, we reiterate the universal rule that prior unsuccessful attempts to extradite the defendant, which were aborted because a governor’s warrant from the demanding state did not timely arrive in Florida, have no effect upon the efficacy of a subsequent extradition proceeding which, like this one, was properly supported by a valid warrant. State v. Dearing, 513 So.2d 232 (Fla. 3d DCA 1987); Murphy v. Boehm, 443 So.2d 363 (Fla. 5th DCA 1983); accord, e.g., In re Blackburn, 701 P.2d 715 (Mont.1985); In re Hval, 148 Vt. 544, 537 A.2d 135 (1987). Accordingly, the trial judge properly denied Whetstone’s application for habeas corpus.

Affirmed.