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MATHIEU v. DUPNIK

No. 2 CA-CIV 3879.

129 Ariz. 322 (1981)

630 P.2d 1054

Joseph William MATHIEU, Petitioner/Appellant, v. Clarence W. DUPNIK, Sheriff, Pima County, Arizona, and The State of Arizona, Real Party in Interest, Respondents/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 17, 1981.

Review Denied July 7, 1981.

Attorney(s) appearing for the Case

Richard S. Oseran, Pima County Public Defender by Frank P. Leto, Tucson, for petitioner/appellant.

Stephen D. Neely, Pima County Atty. by Sydney K. Davis, D. Jesse Smith and Michael R. McVey, certified law student under Rule 28(e), Tucson, for respondents/appellees.

OPINION

HOWARD, Judge.

Is a person a fugitive within the meaning of our Extradition Act, A.R.S. Sec. 13-3841 et seq., if he has violated his probation in the demanding state? We hold that he is and affirm.

This is an appeal from the denial of a writ of habeas corpus. The extradition papers from Texas allege, inter alia, that appellant had been convicted in Texas of burglary that his sentence was suspended, that he was placed on probation and that he...

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