Court of Criminal Appeals of Texas, 1980

Ex Parte Sanchez

Ex Parte Sanchez
Court of Criminal Appeals of Texas · Decided September 17, 1980 · Douglas, Odom, Dally
605 S.W.2d 289; 1980 Tex. Crim. App. LEXIS 1372 (South Western Reporter, Second Series)

Ex Parte Sanchez

Opinion

OPINION

ODOM, Judge.

This is an appeal from an order entered in a habeas corpus proceeding in the 130th District Court of Matagorda County remanding petitioner to custody for extradition to the State of Indiana.

The record reveals that neither petitioner nor his attorney was ever given copies of the documents supporting the Governor of Indiana’s warrant of extradition, even though request was made. This violation of Art. 51.13, Sec. 3, V.A.C.C.P. constitutes reversible error under our holding in Ex parte Holmes, Tex.Cr.App., 397 S.W.2d 458. See also, Ex parte Cain, Tex.Cr.App., 592 S.W.2d 359, 362; Ex parte Kronhaus, Tex.Cr.App., 410 S.W.2d 442, 444.

The judgment remanding petitioner to custody is reversed and remanded.

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