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PAYNE v. ASKEW

No. HH-72.

350 So.2d 831 (1977)

Richard A. PAYNE, Petitioner, v. Reubin O'D. ASKEW, Governor, State of Florida, and Louie L. Wainwright, Secretary, Department of Offender Rehabilitation, State of Florida, Respondents.

District Court of Appeal of Florida, First District.

October 17, 1977.

Attorney(s) appearing for the Case

Alan R. Parlapiano, Public Defender, for petitioner.

Robert L. Shevin, Atty. Gen., Richard W. Prospect, Asst. Atty. Gen., for respondents.

MILLS, Judge.

We deny, but without prejudice, petitioner's application for habeas corpus because the trial court failed to follow the procedure set forth in Section 941.10(1), Florida Statutes (1975).

A grand jury of the State of Louisiana indicted the petitioner for first degree murder. The Governor of the State of Louisiana made a demand upon the Governor of the State of Florida for extradition of petitioner to Louisiana. The Governor of Florida issued a...

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