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Hernandez v. Hayward
764 P.2d 993
Utah Ct. App.
1988
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*2 Before GREENWOOD, (On JJ. Law and Motion).

MEMORANDUM DECISION PER CURIAM: appeal by prisoner This is an in the Salt County jail Lake from the district court’s ently and, for writ abandoned the first denial contention сurrently being held corpus. seeks to extradition to the State of Idaho for parole ‍​‌‌‌​‌‌​‌​‌‌‌​‌‌​​‌​​‌‌​‌​‌‌‌​‌‌‌​​​​‌‌​​‌​​‌​‌‌‍determination and his conviction. Rеspon- there. violations Utah and provisions Idaho have enacted moved for affirmance of dents the Uniform Criminal Extraditiоn Act.1 denying appellant order a writ. Under Regarding challenges to 10(a)(2) we conclude R. Utah *3 ceedings act, under this Utah Code Ann. summary disposition appropriate is because (1982) provides 77-30-20 that § appeal and issues raised on guilt or of innocеnce the accused as [t]he by appellant are so as to not insubstantial charged the crime of he is in Accordingly, rеspon- further merit review. another may inquired state by into granted motion is the denial of dents’ and a governor any proceeding or in writ accompanied demand for extradition In reviewing propriety of sum by charge a in legal of crime form ... mary affirmаnce in this case we con presented shall have been sidered, sponte, appeal sua whether this is nor, except as it be involved in iden- subject matter of within tifying person held as person appeal arising Court as out of an from chargеd with the crime. extraordinary “on for an order Appellant contends his initial convic conviction, involving a criminal ex “pоssession was for of tion heroin” and not capi these or cept heroin,” “delivery of as stated in Idaho’s felony; Code tаl ...” Utah Ann. request assuming extradition. Even 78-2a-3(2)(g) ‍​‌‌‌​‌‌​‌​‌‌‌​‌‌​​‌​​‌‌​‌​‌‌‌​‌‌‌​​​​‌‌​​‌​​‌​‌‌‍(1988). This issue has not § underlying impre that conviction was by party. addressed We been con cisely stated, precise description ap of that we do under clude have pellant’s of small conviction is moment here 78-2а-3(2)(g) language its section because that, there is whatever deliberately sufficiently in is and broad to offense, his convicted hе was released on clude those cases where a criminal convic parole and the basis for extradition is the tion involved corpus proceed is in a habeas parole. of the of violation terms that ing extradition. Appellant’s involvement with the Idaho It is well settled that justice system dates criminal back to at conviction, challenge of his Idaho the validi drug lеast when he was convicted of a ty there, imprisonment or his Although appellant disputes offense. a parole violation are not matters which will involvement, portion of that it is not dis- by be considered the courts of this state. 1987, puted July 30, that impris- on while Doran, Michigan 282, 290, v. 439 U.S. Idaho, parole in granted by oned he was 530, 536, (1978); 58 L.Ed.2d 521 S.Ct. Idaho authorities certain terms and Langley v. Hayward, appellаnt conditions. After violated those 1982). (Utah appellant Although may chal and conditions fled to Idaho war- lenge his in procеeding extradition Utah rant issued for his arrest. When he seeking corpus, may he writ habeas do charges arrested in Utah on armed (a) grounds on the so extradi aggravated robbery, and extradition deficient; fatally (b) tion documents are ceedings ensued and а warrant issued appellant charged ‍​‌‌‌​‌‌​‌​‌‌‌​‌‌​​‌​​‌‌​‌​‌‌‌​‌‌‌​​​​‌‌​​‌​​‌​‌‌‍has not been with a his return to Idaho. Idaho; (c) appellant in crime is not the person same as named extradition corpus petition his in In the dis- request; (d) court, appellant fugitive is not a appellant сhallenged his trict extradi- Superior v. tion, from Idaho. claimed a defect in the rendered war- California - Court, U.S. -, 107 S.Ct. disputed determinаtion 2438- rant Idaho’s (1987); Michigan alleged parole 96 L.Ed.2d underlying violation Doran, appeal, appellant appar- hаs 99 S.Ct. at 535. conviction. On U.S. at (1982) seq. et Idaho Code §§ Code Ann. 77-30-1-28 appeal appeal on in this view this s contentions as an from an order on petition left extraordinary case are more for considera writ conviction,” courts. criminal tion Utah Codе Ann. California 2438; Court, 107 S.Ct. at Superior accord but rather an 67 from an order on Hayward, extraordinary Burnham v. involving an proceеding writ growing out of a violation which memorandum, appellant In his own turn involves a criminal conviction. ‍​‌‌‌​‌‌​‌​‌‌‌​‌‌​​‌​​‌‌​‌​‌‌‌​‌‌‌​​​​‌‌​​‌​​‌​‌‌‍These argues ap that his сonstitutional steps, mind, my greatly extra strain the peal summary disposition if is denied admittedly limit of the broad term “in- granted. Constitution article See Utah volve” as used in our statute. VIII, may summarily affirm section 5. We Moreover, unique enough extradition is a presented the trial court when the issues procedure in the law that I assume the on so as to not insubstantial Legislature have spe- would referred to it merit further review. R. Utah *4 cifically if it intended that this court have words, 10(e). allowing appel In other any role in proceedings. Ab- heard, opportunity lant an be sent such a reference in our argument, summary written or oral affirm statute, see Utah Code Ann. 78-2а-3 appropriate ance is when the issues raised given its historical status as a justly decided based involving constitutional mattеr upon principles settled of law. In such states, nors of it entirely likely seems cases, appellate claims are “so clear as Legislature intended extradition to be with- expedited action.” Martin- original appellate jurisdiction Smith, Trigona v. 712 F.2d Supreme Court. See Utah Code Ann. (D.C.Cir.1983). Groendyke also (1988). Davis, 1158, § Transport, Inc. v. 406 F.2d 78-2-2© (5th ‍​‌‌‌​‌‌​‌​‌‌‌​‌‌​​‌​​‌‌​‌​‌‌‌​‌‌‌​​​​‌‌​​‌​​‌​‌‌‍Cir.1969). Summary affirm Finally, court’s “ap- over ance under Rule 10 is а determination of peals from orders on for extraor- merits, on its after a full and dinary a criminal convic- adequate opportunity parties is afforded all tion” is limited to those which are not con- present and authorities victions capital which, below, upon the based record felony.” Utah Code Ann. § relevant to the issues and determinative of (1988). The latter terms refеr appeal. Simply appellate classifying scheme for criminal offenses rejects appellant’s court contentions as un- committed in Utah. See Utah Code Ann. deny meritorious him does 76-3-102, -103 I fail to see how appeal. an Idaho offеnse can be considered under It is clear that this classification issues are scheme.

wholly briefing without merit. Full I would transfer this to the Utаh argument oral materially could not aid this Supreme Court for lack of their resolution. R. Utah this court. See R. Utah 4C. 29(a). Accordingly, based well-settled law, principles respon- we conclude that

dents are entitled to affirmance. appellant’s petition

The denial of for ha- corpus

beas GREENWOOD, JJ.,

concur.

ORME, Judge (dissenting): agree juris- cannot that this court has

diction over appeal. the instant do not

Case Details

Case Name: Hernandez v. Hayward
Court Name: Court of Appeals of Utah
Date Published: Nov 18, 1988
Citation: 764 P.2d 993
Docket Number: 880299-CA
Court Abbreviation: Utah Ct. App.
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