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People v. Despain

OPINION FILED JUNE 7, 1982.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

CHARLES DESPAIN, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Macon County; the Hon. RODNEY A. SCOTT, Judge, presiding.

JUSTICE WEBBER DELIVERED THE OPINION OF THE COURT:

Defendant was arrested and incarcerated by virtue of an information filed by the State's Attorney of Macon County alleging the offense of being a fugitive from justice (Ill. Rev. Stat. 1979, ch. 60, par. 30). In due course of time, a requisition warrant was received by the Governor of Illinois from the Governor of Arizona, and the Governor of Illinois thereupon issued his rendition warrant which was served upon defendant. Pursuant to section 10 of the Uniform Criminal Extradition Act (Act) (Ill. Rev. Stat. 1979, ch. 60, par. 27), defendant filed in the circuit court of Macon County a petition for a writ of habeas corpus. By agreement a hearing on the petition was set for October 30, 1981. Bond was fixed and defendant posted bail on October 28, 1981.

On the allotted date, October 30, the trial court heard argument on the validity of the Governor's rendition warrant and over objection by the defendant continued the hearing for one week to allow the State to supply what appeared to be a missing document in support of the rendition warrant. On November 6, 1981, the hearing was reconvened and the trial court denied the prayer of the habeas corpus petition.

On appeal defendant maintains that the rendition warrant was fatally defective and that the trial court erred in granting the continuance. We disagree and affirm.

Section 3 of the Act provides as follows:

"No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under Section 6, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the Executive Authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the Executive Authority making the demand." Ill. Rev. Stat. 1979, ch. 60, par. 20.

It is at once apparent that the Act provides three alternatives: the demand must be accompanied by (1) a copy of an indictment or an information supported by affidavit, or (2) a copy of an affidavit made before a magistrate together with a copy of any warrant issued thereon, or (3) a copy of a judgment of conviction or of sentence imposed in execution thereof, together with the statement of the demanding authority concerning escape or violation of parole.

In the instant case a copy of the Governor's rendition warrant is attached to the petition and it recites that "The Governor of the State of Arizona * * * has produced and laid before me a copy of an Complaint, Warrant [sic] * * *." Attached to the warrant are copies of instruments as follows:

1. Two copies of an Arizona Executive Department warrant for the arrest of defendant.

2. A requisition warrant from the Governor of Arizona to the Governor of Illinois.

3. A verified application for requisition to the Governor of Arizona from the County Attorney of Pinal County, Arizona.

4. An unverified statement of an investigator of the Department of Corrections of the Arizona State Prison that defendant was an inmate of the prison and escaped.

5. A copy of a warrant of arrest for defendant issued by a Justice of the Peace of Arizona, supported by an affidavit of that officer stating that he has compared "the foregoing copies of the Complaint and Warrant" with the originals on file in his office and that the copies are true and correct.

6. Authentication of the signature and office of the Justice of the Peace by the Clerk of the Superior Court of Pinal County, Arizona, and Judge of the ...


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