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ROY v. SIMONET

No. 84SA434.

696 P.2d 822 (1985)

Duane R. ROY, Appellant, v. L. John SIMONET, Manager of Safety and Ex-Officio Sheriff of the City and County of Denver, and Mose Trujillo, Warden of the Jail, City and County of Denver, and State of Colorado, Appellees.

Supreme Court of Colorado, En Banc.

March 11, 1985.

Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, Claudia Jordan, Deputy State Public Defender, Denver, for appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Peter Stapp, Asst. Atty. Gen., Denver, for appellees.

ERICKSON, Chief Justice.

In this extradition proceeding, the petitioner appeals the discharge of his petition for writ of habeas corpus. The sole issue on appeal is whether the extradition documents create a prima facie showing of identity. Both the California requisition and the Colorado governor's warrant name "Duane Richard Roy" as the fugitive sought to be extradited. Among the documents annexed to the California requisition documents is a felony complaint naming...

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