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COMMONWEALTH PENNSYLVANIA EX REL. JAMES HARMON v. THOMAS FRANE -- WARDEN CHESTER COUNTY PRISON. APPEAL JAMES HARMON (01/15/87)

submitted: January 15, 1987.

COMMONWEALTH OF PENNSYLVANIA EX REL. JAMES HARMON
v.
THOMAS FRANE -- WARDEN OF THE CHESTER COUNTY PRISON. APPEAL OF JAMES HARMON



APPEAL FROM THE ORDER ENTERED JULY 24, 1986 IN THE COURT OF COMMON PLEAS OF CHESTER COUNTY, CRIMINAL NO. 554M-86.

COUNSEL

James J. DeMarco, Philadelphia, for appellant.

Janice V. Quimby, Philadelphia, for appellee.

Cirillo, President Judge, and Rowley and Hoffman, JJ.

Author: Cirillo

[ 362 Pa. Super. Page 338]

This is an appeal from a denial by the Court of Common Pleas of Chester County of a Writ of Habeas orpus. We affirm.

Appellant, James Harmon, is challenging a warrant issued by the Governor of Pennsylvania on June 16, 1986 which was served on Harmon on July 3, 1986. The warrant was issued at the request of the Governor of New York under authority of the Pennsylvania Uniform Extradition Act. See 42 Pa.C.S.A. § 9101 et seq. In New York, Harmon has been charged with grand larceny and delivering

[ 362 Pa. Super. Page 339]

    regulated waste in violation of aa permit. The charges arose from a contractual agreement between Harmon and Montifiore Hospital of New York whereby Harmon agreed to incinerate the hospital's waste within New York State. Between October 24, 1983 and September 1, 1985, the waste was allegedly dumped illegally in Pennsylvania. On March 12, 1986, Harmon was arrested in Pennsylvania pursuant to a fugitive warrant issued by New York authorities. On June 30, 1986, the Court of Common Pleas of Bucks County dismissed a fugitive warrant on the same charges because the Commonwealth failed to produce a governor's warrant within the 90 day period required by the Act. See 42 Pa.C.S.A. §§ 9136, 9138. On July 3, 1986, Harmon was arrested pursuant to a Governor's Warrant dated June 16, 1986. That same day he filed a Writ of Habeas Corpus challenging his extradition. The hearing court dismissed the writ and Harmon appealed.

Appellant presents two issues for our review: (1) whether his rearrest was invalid because the governor's warrant was signed on June 16, 1986, prior to his discharge on June 30; and (2) whether the governor's warrant failed to comply with the Extradition Act by failing to specify that appellant was present in New York State when the crimes in question were committed.

As this court stated in Commonwealth ex rel. Holcombe v. Strode, 266 Pa. Super. 39, 402 A.2d 1067 (1979), "it is well-settled that where a defendant has been held on detainers or warrant and is discharged, there is no prohibition against rearrest on a new warrant." Id., 266 Pa. Superior Ct. at 43, 402 A.2d at 1068. "[O]nce the relator has been arrested under the authority of a valid governor's warrant, the legality or illegality of the prior extradition proceedings becomes moot." Id., 266 Pa. Superior Ct. at 45, 402 A.2d at 1069. Harmon was rearrested on July 3, 1986. The legality of that arrest hinges solely on the validity of the warrant pursuant to which he was arrested at that time. His complaint that this warrant should have been served

[ 362 Pa. Super. Page 340]

    prior to June 30, 1986 is an impermissible attempt to challenge ...


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