Opinion
No. 27371
Decided December 13, 1976.
Extradition case in which petitioner appeals trial court's dismissal of her petition for a writ of habeas corpus.
Affirmed
1. EXTRADITION — Established Principles — Supreme Court — Refusal to Retreat. Supreme Court declines to retreat from recently articulated principles regarding prima facie case of identity as established by identity of names of person to be extradited and person named in requisition documents; use of photograph to establish proper proof of identification; sufficiency of documents; and probable cause to establish probation violation as properly based upon allegation of demanding state.
Appeal from the District Court of the City and County of Denver, Honorable Robert P. Fullerton, Judge.
Rollie R. Rogers, State Public Defender, James F. Dumas, Jr., Chief Deputy, Dorian E. Welch, Deputy, for petitioner-appellant.
J. D. MacFarlane, Attorney General, Jean E. Dubofsky, Deputy, Edward G. Donovan, Solicitor General, J. Stephen Phillips, Assistant, for respondents-appellees.
[1] Cynthia Laverne Raynor appeals the trial court's dismissal of her petition for a writ of habeas corpus. She contends that extradition proceedings against her are defective and requests that we reconsider and disapprove the identification procedures and the law set forth in Deas v. Cronin, 190 Colo. 177, 544 P.2d 991 (1976) ( prima facie case of identity established where extradition documents establish identity of names of person to be extradited and person named in requisition documents); Dominquez v. Bray, 188 Colo. 72, 532 P.2d 950 (1975) (photograph may establish proper proof of identity); Teters v. Watson, 190 Colo. 355, 547 P.2d 1277 (1976) (sufficiency of documents); Byers v. Leach, 187 Colo. 312, 530 P.2d 1276 (1975) (probable cause to establish probation violation properly based upon allegation by demanding state).
We decline to retreat from the principles which we recently articulated.
The judgment is affirmed.