People v. Gomez

Supreme Court of Colorado
People v. Gomez, 192 Colo. 313 (Colo. 1976)
558 P.2d 439

People v. Gomez

Opinion of the Court

Per Curiam

The defendant was arrested and charged with a violation of section 16-19-103, C.R.S. 1973 (fugitive from another jurisdiction). He filed a *314petition for a writ of habeas corpus in the extradition proceeding, asserting that the documents supporting extradition were incomplete. The trial court properly dismissed the petition.

In People v. Pitcher, 192 Colo. 195, 557 P.2d 395 we stated that a “habeas corpus proceeding is not filed as part of an extradition proceeding, but is filed as an independent civil action.” We find application of that principle appropriate in this case.

Judgment affirmed.

Reference

Full Case Name
The People of the State of Colorado v. Rafael Gomez, a/k/a Dale M. Langdon
Status
Published