Whetstone v. Freeman, 524 So. 2d 1159 (Fla. Dist. Ct. App. 1988).
Whetstone v. Freeman, 524 So. 2d 1159 (Fla. Dist. Ct. App. 1988). Book View Copy Cite
Caution But See 1 caution
Irvin W. WHETSTONE
v.
William A. FREEMAN, Jr.
No. 87-2417.
District Court of Appeal of Florida.
May 17, 1988.
524 So. 2d 1159
John R. Weed, Perry, for appellant., Andrea Smith Hillyer, Asst. Gen. Counsel, Office of the Governor, Tallahassee, for appellee.
Barkdull, Ferguson, Schwartz.
Cited by 2 opinions  |  Published
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 (Fla. 3d DCA 1987); Murphy v. Boehm, 443 So.2d 363 (Fla. 5th DCA 1983); accord, e.g., In re 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.