MOORE v. SIMONET

No. 84SA64.

696 P.2d 823 (1985)

Richard MOORE, Petitioner-Appellant, v. 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, Respondents-Appellees.

Supreme Court of Colorado, En Banc.

March 11, 1985.


Attorney(s) appearing for the Case

David F. Vela, Colo. State Public Defender, Abelardo P. Bernal, Deputy State Public Defender, Denver, for petitioner-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Eric Perryman, Asst. Atty. Gen., Denver, for respondents-appellees.


ERICKSON, Chief Justice.

Richard Moore (petitioner) appeals from the district court's denial of habeas corpus relief and its order that he be returned to the state of California as a fugitive. The petitioner claims that the district court erred in finding that a prima facie showing of identity had been established and that he subsequently failed to prove by clear and convincing evidence that he was not the fugitive sought by the state of California. We affirm.

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