No. 81SA155Supreme Court of Colorado.
Decided May 10, 1982.
Appeal from the District Court of Adams County, Honorable Abraham Bowling, Judge.
Richard M. Borchers, Samuel R. Escamilla, for petitioner-appellant.
J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, Clement P. Engle, Assistant Attorney General, for respondents-appellees.
En Banc.
Per Curiam
[1] The appellant, Edward Benjamin Wilson, appeals the discharge of his petition for writ of habeas corpus. He challenges the validity of the extradition documents submitted by the state of Arizona pursuant to section 16-19-104, C.R.S. 1973 (1978 Repl. Vol. 8). We affirm the judgment.
[2] Wilson was arrested in Colorado authorities as a fugitive from justice on December 2, 1980. Thereafter, the state of Arizona initiated the extradition process when it submitted a requisition request issued by that state’s governor along with supporting documents. Wilson’s sole claim on appeal is that inconsistencies between the extradition request and the supporting documents as to the number of offenses pending against him in Arizona and the dates on which the alleged criminal acts occurred, render the extradition documents fatally defective.[1]
[3] We disagree.
[4] It is clear that the inconsistencies complained of in the extradition documents resulted from a clerical error committed in the course of transposing the numerous allegations contained in the charging documents to the extradition demand. See
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Richardson v. Cronin, 621 P.2d 949 (Colo. 1980). When read as a whole, the documents substantially charge the appellant with having committed a crime under the laws of Arizona. Accordingly, these inconsistencies do not render the extradition documents invalid or prevent extradition Johnson v. Kiefer, 624 P.2d 894 (Colo. 1981); Martello v. Baker, 189 Colo. 195, 539 P.2d 1280 (1975); Bryan v. Conn, 187 Colo. 275, 530 P.2d 1274 (1975).
[5] Judgment affirmed.