No. 87-2417 | Fla. Dist. Ct. App. | May 17, 1988

SCHWARTZ, Chief Judge.

Rejecting the appellant’s sole point on appeal, we reiterate the universal rule that prior unsuccessful attempts to extradite the defendant, which were aborted because a governor’s warrant from the demanding state did not timely arrive in Florida, have no effect upon the efficacy of a subsequent extradition proceeding which, like this one, was properly supported by a valid warrant. State v. Dearing, 513 So. 2d 232" date_filed="1987-09-29" court="Fla. Dist. Ct. App." case_name="State v. Dearing">513 So.2d 232 (Fla. 3d DCA 1987); Murphy v. Boehm, 443 So. 2d 363" date_filed="1983-12-29" court="Fla. Dist. Ct. App." case_name="Murphy v. Boehm">443 So.2d 363 (Fla. 5th DCA 1983); accord, e.g., In re Blackburn, 701 P.2d 715" date_filed="1985-04-14" court="Mont." case_name="Petition of Blackburn">701 P.2d 715 (Mont.1985); In re Hval, 148 Vt. 544, 537 A.2d 135 (1987). Accordingly, the trial judge properly denied Whetstone’s application for habeas corpus.

Affirmed.

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