Summary
In Bentzel, the Third District, in a brief one-paragraph opinion, held, on the authority of Di Piero and Simpson, that the governor's rendition warrant was indispensable and that the failure to introduce it was fatal to the state's case. It is not apparent, however, from the Bentzel opinion whether the state attempted to introduce the evidence supporting the rendition warrant and, if it did, whether the petitioner objected.
Summary of this case from Fauls v. Sheriff of Leon CountyOpinion
No. 78-841.
December 19, 1978.
Appeal from the Circuit Court, Monroe County, Bill G. Chappell, J.
Alvin E. Entin, Miami, Manuel James, Key West, for appellant.
Robert L. Shevin, Atty. Gen. and Jeffrey Samek, Asst. Atty. Gen., for appellee.
Before HUBBART, KEHOE and SCHWARTZ, JJ.
The defendant appeals from a judgment which denied his petition for habeas corpus and ordered his extradition to Pennsylvania. The record shows that the Governor's rendition warrant which formed the basis of the extradition proceeding was never introduced into evidence at the hearing below. We hold, on the authority of Di Piero v. State, 300 So.2d 700 (Fla. 3rd DCA 1974) and Simpson v. Woodham, 332 So.2d 693 (Fla. 1st DCA 1976) that the warrant was indispensable, and that the failure to introduce it was fatal, to the state's case. The judgment below is therefore reversed and the cause remanded with directions to discharge the defendant.
Reversed and remanded.