STATE v. SANDOVAL

No. 13186.

620 P.2d 1279 (1980)

STATE of New Mexico, Plaintiff-Appellant, v. John SANDOVAL, Defendant-Appellee.

Supreme Court of New Mexico.

December 30, 1980.


Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Michael E. Sanchez, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Martha A. Daly, Appellate Defender, Melanie S. Kenton, Asst. Appellate Defender, Santa Fe, for defendant-appellee.


OPINION

FELTER, Justice.

Plaintiff-appellant, State of New Mexico (State), appeals from an order dismissing a fugitive complaint and ordering the release from custody of defendant-appellee, John Sandoval (Sandoval), held under the Governor's warrant for extradition. We reverse.

The issues raised on appeal are whether res judicata and absence of a speedy extradition hearing void an executive grant of extradition in a proceeding before a court sitting...

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