STACK v. STATE EX REL. MORGAN

No. 78-2393.

381 So.2d 366 (1980)

Edward STACK, As Sheriff of Broward County, Florida, Appellant, v. STATE of Florida ex rel. Anthony John MORGAN, Appellee.

District Court of Appeal of Florida, Fourth District.

March 26, 1980.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Benedict P. Kuehne, John Cecilian, and Max Rudmann, Asst. Attys. Gen., West Palm Beach, for appellant.

J. David Bogenschutz of Varon & Stahl, P.A., Hollywood, for appellee.


GLICKSTEIN, Judge.

This is a timely appeal from an order granting appellee's petition for writ of habeas corpus in an extradition proceeding wherein appellee was served with an executive rendition warrant based on a demand warrant issued from Massachusetts charging him with unlawful possession of a dangerous weapon; namely, a handgun. We reverse.

The trial court granted appellee's petition on the following findings of fact:

1. That the petitioner...

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