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In Re Gilchrist
Citations: 134 Cal. App. 3d 867; 184 Cal. Rptr. 861; 1982 Cal. App. LEXIS 1857Docket: Crim. 13683
Court: California Court of Appeal; August 9, 1982; California; State Appellate Court
The case involves Robert Wallace Gilchrist, who was convicted of larceny in Oklahoma and escaped prior to completing his sentence. After residing in California, Oklahoma issued a requisition for his extradition. Gilchrist sought reconsideration of the California Governor's extradition warrant, citing a 1971 letter from Oklahoma authorities stating he was no longer wanted. The California trial court granted his habeas corpus petition, discharging him from custody, prompting an appeal from the People. Gilchrist's history includes a 1968 conviction for joyriding in Oklahoma and subsequent escape in 1969. While incarcerated in federal prison, he notified Oklahoma of his whereabouts and sought extradition, receiving confirmation that he was no longer wanted. Over the years, his Oklahoma charges were dismissed multiple times in California courts. The trial court emphasized procedural due process, noting Gilchrist's rehabilitation over ten years and questioning the purpose of Oklahoma's extradition efforts. Gilchrist argued that the rules of the Interstate Agreement on Detainers, which typically apply to untried detainees, should similarly apply to his situation, but the court found no legislative intent supporting this application to escaped felons with existing convictions. The court concluded that Gilchrist had already received a speedy trial and was no longer entitled to such protections, and although the court would endorse his release on equitable grounds, it recognized that the legal framework did not authorize his discharge. The court ultimately indicated that Oklahoma's warrant lacked a compelling reason given Gilchrist's law-abiding behavior post-release. Extradition is deemed an absolute right of the demanding state, as established by the California Supreme Court in *In re Russell* (1974), emphasizing that states must not allow offenders to evade the law by seeking refuge in another state. The courts' scope in habeas corpus proceedings related to extradition, governed by Penal Code section 1548.2, is limited to four key considerations: 1) whether a crime has been charged in the demanding state, 2) whether the petitioner is the person charged, 3) whether the petitioner was present in the demanding state during the offense, and 4) whether the extradition documents are proper. The petitioner, Gilchrist, did not contest the authenticity of the extradition documents or challenge the charges against him. The precedent set in *In re McBride* (1953) was highlighted, where the court ruled that Texas did not waive its jurisdiction despite knowledge of McBride's whereabouts. Similarly, in *People v. Superior Court (Lopez)* (1982), it was determined that Florida did not waive jurisdiction over Lopez despite delays in extradition. The ultimate discretion regarding extradition lies with the Governor of California or the courts of the demanding state. The judgment was reversed, and the petition for a Supreme Court hearing was denied.