Solano v. State

German SOLANO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 27, 1982.

District Court of Appeal of Florida · decided 1982-07-27

Cited by 4 later decisions — most recently November 1985

4 state decisions

Relies on State Ex Rel. Florio v. McGreary · Ford v. Moses

Good law ✅— No negative treatment on recordhow we know

Decided 1982-07-27

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¶1John H. Lipinski, Miami, for appellant.

¶2Jim Smith, Atty. Gen., and Eunice Tall Martin, Asst. Atty. Gen., for appellee.

¶3Before DANIEL S. PEARSON and FERGUSON, JJ., and OWEN, WILLIAM C., Jr. (Ret.), Associate Judge.

¶4FERGUSON, Judge.

¶5In habeas corpus proceeding where Governor's warrant of rendition otherwise complies with the essential requirements of the Uniform Extradition Act, Section 941.01 et seq., Florida Statutes (1981), an identity of names raises the presumption that petitioner is the same person named in the rendition warrant; petitioner is then required to go forward with proof that he is not the person named in the warrant. State ex rel. Florio v. McCreary, 123 Fla. 9, 165 So. 904 (1936); Ford v. Moses, 606 P.2d 795 (Alaska 1980).

¶6Order denying petition for writ is AFFIRMED.