LOVATO v. JOHNSON

No. 79SA479.

617 P.2d 1203 (1980)

Manuel E. LOVATO, Petitioner-Appellant, v. Bert JOHNSON, Sheriff of Adams County, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

October 20, 1980.


Attorney(s) appearing for the Case

J. Gregory Walta, Colorado State Public Defender, James England, Deputy State Public Defender, Denver, for petitioner-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Mary E. Ricketson, Asst. Atty. Gen., Denver, for respondent-appellee.


ROVIRA, Justice.

The appellant, Manuel E. Lovato, challenged the sufficiency of an extradition request from the state of Utah by a petition for writ of habeas corpus. The district court issued the writ and, after a hearing, discharged the writ. We affirm.

Two issues have been raised in this appeal: (1) whether under Utah law a "magistrate" determined that probable cause existed to charge the appellant with theft and (2) whether the requisition documents substantially...

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