State v. WilburnState v. Wilburn
Defendant, Robert Dane Wilburn, was indicted for armed robbery, a violation of
The record reveals the following facts. On June 25, 1984, defendant entered the G & G Mini Mart in Sabine Parish armed with
By order of the Louisiana Supreme Court, defendant was granted an out of time appeal. The Third Circuit ordered an evidentiary hearing for the purpose of establishing a record for appellate review. The hearing was limited to the five issues raised by defendant in his application for an out of time appeal to the Supreme Court. In his brief to this court, defendant admits the testimony adduced at the evi-dentiary hearing does not support four of the issues initially raised. Those assignments of error have not been briefed and are therefore considered abandoned. Uniform Rules — Courts of Appeal, Rule 2-12.4.
In his remaining assignment of error, defendant claims he was illegally extradited from Texas because he was not given an extradition hearing prior to being transported to Louisiana. Although the record contains a waiver of extradition, defendant contends the signature on the waiver form is not his own.
Interstate extradition of persons charged with a crime in one state and found in another is provided for by the federal constitution and by federal and state statutory authority.
Although the record does not indicate compliance with any of these provisions in the extradition statute providing for arrest, defendant waived extradition and voluntarily returned to Louisiana. Once a fugitive has been brought within custody of the demanding state, legality of the extradition is no longer subject to legal attack by him. Siegel v. Edwards,566 F.2d 958 (5th Cir.1978). Thus, the proper place for defendant to complain about the failure to comply with the extradition law was in California. He cannot, now that he is in Louisiana, the demanding state, contend the arrest under the extradition law was illegal.
Since any alleged failure of the Texas court to comply with extradition law does not affect the jurisdiction of the Louisiana court to try defendant herein for crimes he committed in Louisiana, any alleged illegality in the extradition proceeding should have been raised by defendant in Texas prior to being transported to Louisiana. This court does not have jurisdiction to review the procedures which took place in Texas.
Furthermore, defendant was convicted pursuant to a plea of guilty entered on March 19, 1985. Because a guilty plea necessarily results in a conviction, it should be afforded a great measure of finality. State v. Bosworth,
For the foregoing reasons, defendant’s conviction and sentence are affirmed.
AFFIRMED.