DocketNumber: No. 434
Citation Numbers: 321 Pa. Super. 536, 468 A.2d 1118
Judges: Beck, Montemuro, Rowley
Filed Date: 12/9/1983
Status: Precedential
Modified Date: 2/18/2022
In this appeal denying habeas corpus relief to the appellant, Marion Jacobs, a/k/a Frank Davis, we are called upon to determine whether the substantive and procedural safeguards afforded by the Uniform Criminal Extradition Act
The relevant facts of this case are as follows: On October 9, 1981, the appellant was arrested on multiple charges stemming from an incident in Northampton County. He was unable to post bail and was therefore incarcerated in Northampton County Prison to await trial.
On October 22, 1981, New Jersey authorities lodged a detainer against the appellant based on a violation of his New Jersey parole.
A hearing on the petition was held on January 29, 1982. On February 2, 1982, the lower court issued an order denying appellant’s petition. In an opinion filed along with the order, the trial court found that the Agreement on Detainers
Our courts have often held that the lodging of a detainer against one already in custody on other charges is an “arrest.” Commonwealth ex rel. Knowles v. Lester, 456 Pa. 423, 426, 321 A.2d 637, 639-40 (1974); Commonwealth v. Jacobs, supra; Commonwealth ex rel. Coffman v. Aytch, 238 Pa.Super. 584, 361 A.2d 652 (1976). We do not find any basis for distinguishing detainers based on parole violations, from those based on criminal prosecutions. The Extradition Act itself makes no exception for detainers based on parole violations. 42 Pa.C.S.A. § 9134. The detainer constitutes an additional, albeit redundant,
The Extradition Act provides that “the judge, or issuing authority must ... commit [the detained] to county jail for such a time, not exceeding 30 days ... as will enable the arrest of the accused to be made under a warrant of the Governor ... of the state having jurisdiction of the offense____” 42 Pa.C.S.A. § 9136. As stated, the detained party can be recommitted for a period not exceeding sixty days. 42 Pa.C.S.A. § 9138. If a Governor’s warrant is not produced by the Commonwealth within ninety days, the detainer must be lifted. Commonwealth ex rel. Knowles v. Lester, supra; Commonwealth ex rel. Goodroe v. Roth, 230 Pa.Super. 70, 326 A.2d 886 (1974).
Based on the above analysis, we have no alternative but to reverse the lower court’s order and grant the relief requested by the appellant. The Commonwealth and the New Jersey authorities should have taken the appropriate steps to procure a Governor’s warrant and implement extradition proceedings in accordance with the provisions of the Extradition Act.
If the proper warrant had been procured, the Governor of this state would have had the discretion, during the pendency of the criminal prosecution in Pennsylvania, to “surrender him on demand of the executive authority of [New Jersey] or hold him until he ha[d] been tried and discharged or convicted and punished in this Commonwealth.” 42 Pa.C.S.A. § 9140. In the latter event, New Jersey’s interest is still protected inasmuch as the extradition is merely deferred. Commonwealth ex rel. Houser v. Seip, 385 Pa. 545, 124 A.2d 110 (1956). Additionally, should the appellant be tried and convicted on the charges in Northampton County, he would then be within the purview of the Agreement on Detainers, 42 Pa.C.S.A. § 9101 et seq.
The Order of the Court of Common Pleas is reversed and the detainer is discharged. Case remanded. Jurisdiction is not retained.
. Act of July 9, 1976, P.L. 586, No. 142, § 2, 42 Pa.C.S.A. § 9121, etseq.
. On October 23, 1981, the New Jersey authorities lodged a second detainer against the appellant based on robbery charges in Salem County, New Jersey. The Commonwealth filed for an extension of sixty days to process the extradition papers. The extension was granted. At the extradition hearing, appellant requested permission to file an application for habeas corpus which was denied. The court then ordered extradition on the robbery charges. The appeal was taken from this order and this court reversed the order and remanded the case to afford the appellant an opportunity to file an application for habeas corpus. Commonwealth v. Jacobs, 319 Pa.Super. 531, 466 A.2d 671 (1983).
. Act of July 9, 1976, P.L. 586, No. 142, § 2, 42 Pa.C.S.A. § 9101.