APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION
504 N.E.2d 109, 152 Ill. App. 3d 38, 105 Ill. Dec. 240 1987.IL.37
Appeal from the Circuit Court of Cook County; the Hon. Richard J. Fitzgerald, Judge, presiding.
JUSTICE STAMOS delivered the opinion of the court. HARTMAN and BILANDIC, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE STAMOS
After a demand for extradition was entered by the Governor of Florida, a warrant of rendition was executed by the Governor of Illinois for the return to Florida of petitioner Richard Shockley where he was charged with the crime of grand theft. Petitioner thereafter filed a writ of habeas corpus, contesting this warrant, but such petition was denied. Petitioner now appeals, contending that: (1) his constitutional rights were violated where, among other infringements, he was held on two warrants for the same offense; (2) the documents upon which the Governor of Illinois based the second rendition warrant were defective; and (3) the second rendition warrant should have been quashed as petitioner was not a fugitive from Justice at the time of its issuance.
The record indicates that on September 7, 1984, the Governor of Florida presented to the Governor of Illinois a requisition warrant for the arrest of petitioner. Included were the following:
(1) demand for requisition;
(2) certified copy of the felony information in which petitioner is specifically charged with the offense of grand theft, sworn to by a Florida State's Attorney before a notary public and upon which a Florida circuit court Judge has directed that a warrant be issued for petitioner's arrest;
(3) certified copy of the arrest warrant; and
(4) affidavit in support of probable cause sworn to before a magistrate.
Petitioner was thereafter arrested on a warrant of rendition executed by the Governor of Illinois pursuant to the Florida demand for extradition and was released from custody on bond. Petitioner subsequently filed a petition for a writ of habeas corpus in which he alleged that the documents were insufficient and lacked a finding of probable cause by the circuit court. Thereafter, at the request of the Illinois State Attorney's office, the State of Florida forwarded a copy of the finding of probable cause. Petitioner then filed a memorandum in support of his petition in which he alleged the finding of probable cause was insufficient because it did not accompany the initial extradition demand.
As a result, the State's Attorney's office requested that the State of Florida repeat the extradition demand properly. On May 29, 1985, the Governor of Florida did so, submitting a new demand for extradition with the necessary accompanying documents. Pursuant to this second demand, the Governor of Illinois executed that same day a second warrant of rendition for the return of petitioner to Florida. Petitioner subsequently filed a second petition of habeas corpus, which was denied by the trial court. Petitioner thereafter filed this appeal.
Petitioner's first contention on appeal is that his constitutional rights were violated when he was held on two warrants for the same offense. The State maintains in reply that the second issuance of a warrant of rendition by the Governor of Illinois and the State's Attorney's request for a new extradition demand rendered ...