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State v. Barlean

Court of Appeals of Arizona, Division Two
Jan 30, 1979
121 Ariz. 347 (Ariz. Ct. App. 1979)

Summary

In Barlean, this court determined "[t]he rule is that when the requisition from the demanding state has been honored and the fugitive surrendered, such surrender will operate as a waiver of jurisdiction," noting, however, that "[j]urisdiction is not waived before [the defendant] is taken into custody by the agents of the demanding state."Id.

Summary of this case from Sanchez v. Shinn

Opinion

Nos. 2 CA-CR 1515, 2 CA-CR 1516-2 and 2 CA-CR 1517-3.

November 24, 1978. Rehearing Denied January 10, 1979. Review Denied January 30, 1979.

Appeal from the Superior Court, Pima County, Cause Nos. A-29437, A-29469 and A-35175, Thomas Meehan, J.

John A. LaSota, Jr., Atty. Gen. by William J. Schafer, III and Lynn Hamilton, Asst. Attys. Gen., Phoenix, for appellee.

John M. Neis, Pima County Public Defender by Michael P. Roca, Asst. Public Defender, Tucson, for appellant.


OPINION


Does the trial court lose jurisdiction to enter a judgment of guilt and impose sentence when the governor signs a warrant to extradite the defendant to another state? We hold that it does not and affirm.

On May 12, 1978 appellant entered a guilty plea to fraudulent use of a credit card, with a prior conviction, and admitted the allegations of the petition to revoke probation filed in two previous cases. A dispositional hearing was set for June 6, 1978. On May 18, 1978 the Governor of the State of Arizona signed a warrant authorizing appellant's extradition to the State of California. The warrant was served upon appellant and the trial court, pursuant to A.R.S. Sec. 13-1310, gave him ten working days within which to apply for a writ of habeas corpus although appellant expressed no desire to do so.

On June 6, 1978 appellant moved to dismiss the charges against him on the ground that the governor's warrant deprived the court of jurisdiction. The trial court denied the motion and sentenced appellant to the Arizona State Prison. California law enforcement officers subsequently arrived and took him back to California where he was convicted on the California charges.

It should first be made clear that this case does not involve the refusal to obey the governor's warrant. Nor are we concerned with the power of the governor to extradite a fugitive while criminal proceedings are pending his state. See People ex rel. Linaris v. Weizenecker, 89 Misc.2d 814, 392 N.Y.S.2d 813 (Putnam County Ct. 1977); Commonwealth ex rel. Accobacco v. Burke, 162 Pa. Super. 592, 60 A.2d 426 (1948). The question is whether Arizona waived its jurisdiction prior to delivering appellant to the California authorities.

The rule is that when the requisition from the demanding state has been honored and the fugitive surrendered, such surrender will operate as a waiver of jurisdiction. People ex rel. Barrett v. Bartley, 383 Ill. 437, 50 N.E.2d 517 (1943) and authorities cited therein at 521. See also Annot. 93 A.L.R. 931. Perusal of the Arizona statutes supports such a conclusion. For example, under A.R.S. Sec. 13-1310, the person arrested under the governor's warrant has the right to contest it through a writ of habeas corpus and under Sec. 13-1317 the court has jurisdiction to discharge or recommit him if he is not arrested within the time specified in the warrant.

The warrant merely gives the agents of the demanding state the authority to arrest the fugitive in the State of Arizona and return him to the demanding state. They may never do so. Jurisdiction is not waived before he is taken into custody by the agents of the demanding state.

Affirmed.

HATHAWAY, J., and RICHMOND, C.J., concurring.


Summaries of

State v. Barlean

Court of Appeals of Arizona, Division Two
Jan 30, 1979
121 Ariz. 347 (Ariz. Ct. App. 1979)

In Barlean, this court determined "[t]he rule is that when the requisition from the demanding state has been honored and the fugitive surrendered, such surrender will operate as a waiver of jurisdiction," noting, however, that "[j]urisdiction is not waived before [the defendant] is taken into custody by the agents of the demanding state."Id.

Summary of this case from Sanchez v. Shinn

In Barlean, we determined the trial court in Arizona had not lost jurisdiction to enter a judgment of guilt and impose sentence once the governor of Arizona had signed a warrant to extradite Barlean to another state, but before he had been extradited.

Summary of this case from Sanchez v. Shinn
Case details for

State v. Barlean

Case Details

Full title:The STATE of Arizona, Appellee, v. Charles Edward BARLEAN, Appellant

Court:Court of Appeals of Arizona, Division Two

Date published: Jan 30, 1979

Citations

121 Ariz. 347 (Ariz. Ct. App. 1979)
590 P.2d 463

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