Supreme Court of Colorado, 1976

People v. Gomez

People v. Gomez
Supreme Court of Colorado · Decided December 27, 1976
192 Colo. 313; 558 P.2d 439; 1976 Colo. LEXIS 742

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.

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