State v. Diaz

Full title: THE STATE OF FLORIDA, APPELLANT, v. ANDRES DIAZ A/K/A ANDY DIAZ, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Dec 9, 1983

440 So. 2d 1318 (Fla. Dist. Ct. App. 1983)

Opinion

No. 83-264.

November 1, 1983. Rehearing Denied December 9, 1983.

Appeal from the Circuit Court, Dade County, Arthur I. Snyder, J.

Jim Smith, Atty. Gen. and Jack B. Ludin, Asst. Atty. Gen., for appellant.

Kent Harrison Robbins, Miami, for appellee.

Before HENDRY, BASKIN and FERGUSON, JJ.

PER CURIAM.

An executive warrant which is regular on its face and complies with the essential requirements for extradition, presents a prima facie showing of the propriety of extradition. See Moore v. State, 407 So.2d 991 (Fla. 3d DCA 1982). We reject Diaz' contention that the necessary documents were facially improper because they contained no express language finding probable cause. The warrant signed by the superior court judge, however, sufficiently established probable cause for extradition. State v. Norman, 362 So.2d 467 (Fla. 1st DCA 1978).

Reversed and remanded.