Opinion
No. 87-2417.
May 17, 1988.
An Appeal from the Circuit Court for Monroe County; Richard J. Fowler, Judge.
John R. Weed, Perry, for appellant.
Andrea Smith Hillyer, Asst. Gen. Counsel, Office of the Governor, Tallahassee, for appellee.
Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.
Rejecting the appellant's sole point on appeal, we reiterate the universal rule that prior unsuccessful attempts to extradite the defendant, which were aborted because a governor's warrant from the demanding state did not timely arrive in Florida, have no effect upon the efficacy of a subsequent extradition proceeding which, like this one, was properly supported by a valid warrant. State v. Dearing, 513 So.2d 232 (Fla. 3d DCA 1987); Murphy v. Boehm, 443 So.2d 363 (Fla. 5th DCA 1983); accord, e.g., In re Blackburn, 701 P.2d 715 (Mont. 1985); In re Hval, 148 Vt. 544, 537 A.2d 135 (1987). Accordingly, the trial judge properly denied Whetstone's application for habeas corpus.
Affirmed.