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COMMONWEALTH PENNSYLVANIA v. EUGENE A. STORMS (01/31/86)

filed: January 31, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
EUGENE A. STORMS, APPELLANT



Appeal from the Order of June 13, 1985, in the Court of Common Pleas of Columbia County, Criminal Division, at No. 87 of 1985.

COUNSEL

Michael R. Lynn, Bloomsburg, for appellant.

Elwood R. Harding, Jr., District Attorney, Bloomsburg, for Com., appellee.

Brosky, Johnson and Hester, JJ.

Author: Hester

[ 350 Pa. Super. Page 229]

This is an appeal from an extradition order. We reject appellant's contention that his confinement was not in accordance with the Uniform Criminal Extradition Act, 42 Pa.C.S. ยง 9121 et seq., and affirm.

Appellant was arrested on January 10, 1985, and a criminal complaint was issued charging him with being a fugitive from justice from New York. A timely preliminary arraignment was held and appellant was incarcerated in Columbia County Prison in lieu of $50,000 bail.

On January 29, 1985, while appellant was still incarcerated on the above charge, he was charged with theft of services in Columbia County, Pennsylvania. Unable to post $10,000 bail on the theft charge, he was returned to prison.

[ 350 Pa. Super. Page 230]

Appellant was held on the fugitive charge for the maximum ninety-day period permitted under the extradition act. On April 10, 1985, the ninety-first day of his imprisonment as a fugitive, appellant was discharged by writ of habeas corpus, for the State of New York had failed to file the necessary extradition documents. Appellant remained incarcerated, however, on the Columbia County theft charge.

Later the same day, appellant was rearrested on a Governor's warrant dated April 9, 1985. A preliminary arraignment followed, bail was set at $100,000, and appellant was returned to prison, unable to post bond.

An extradition hearing was held on June 4, 1985. On June 13, the court ordered appellant's extradition to New York, holding that the requirements of the extradition act had been satisfied.

Appellant's sole contention is that following arrest and imprisonment as a fugitive from justice under the extradition act, he must be arrested on a Governor's warrant within ninety days, and if the arrest on the Governor's warrant does not occur within the ninety-day period, his rights under the act have been violated, mandating his discharge. He relies on language in Commonwealth ex rel. Coffman v. Aytch, 238 Pa. Super. 584, 587, 361 A.2d 652, 654 (1976), which stated that production of a Governor's warrant was required within ninety days of arrest on a detainer. We believe that appellant misapprehends the provisions of the extradition act. The ninety-day period in the act ...


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