Noe v. State

TEAGUE, Judge,

dissenting.

I must respectfully dissent.

The facts of this case are undisputed. While serving a sentence in a Federal penitentiary in Arkansas, appellant was released to Mississippi authorities to stand trial for an offense committed in that State. After trial and conviction, appellant was returned to the Federal penitentiary. Mississippi authorities took no further action against appellant. After completing his Federal sentence, appellant was released and eventually got situated in San Antonio. Subsequently, the Mississippi authorities moved to have appellant extradited from Texas to Mississippi. The majority sustains the request of the Mississippi authorities.

The majority alludes to Sec. 5 of Art. 51.13, V.A.C.C.P., as its authority for upholding the order of extradition. A cursory glance at Section 5 quickly shows that it incorporates Section 23 of the Act, and a reading of Section 23 will quickly reveal that it does not provide a basis for extraditing a person such as appellant to a foreign state under the circumstances of this case. Section 5 appears to apply to persons who have been previously extradited from the requesting state to the receiving state. Appellant was released to the Federal authorities, not the State of Texas.

Finding no basis for such extradition in our law, I respectfully dissent to the action of the majority in ordering appellant extradited to Mississippi. Also see Shields v. Beto, 370 F.2d 1003 (5th Cir.1967).

MILLER, J., joins.