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State ex rel Engel v. Fletcher

April 15, 2003

STATE OF MINNESOTA, EX REL. KENNETH GENE ENGEL, APPELLANT,
v.
ROBERT FLETCHER, RAMSEY COUNTY SHERIFF, RESPONDENT.



Ramsey County District Court File No. K1021842

Considered and decided by Randall, Presiding Judge, Shumaker, Judge, and Wright, Judge.

SYLLABUS BY THE COURT

When an individual has pleaded guilty to an offense, but the plea has not been accepted and judgment of conviction has not been entered, the individual remains charged with a crime for purposes of extradition.

The opinion of the court was delivered by: Wright, Judge

Affirmed

OPINION

On appeal from a judgment denying a petition for a writ of habeas corpus challenging his extradition to Wisconsin, appellant Kenneth Engel argues that the demand for extradition contained incorrect and contradictory information. We affirm.

FACTS

On February 16, 2001, appellant Kenneth Gene Engel pleaded guilty to a burglary offense committed in December 1999 in Douglas County, Wisconsin. Engel entered his plea in conjunction with a "deferred judgment" agreement. The agreement provided that entry of the judgment of conviction would be withheld and, in return for Engel's payment of restitution to the burglary victim, the burglary charge would be dismissed with prejudice. If Engel failed to pay restitution, however, the judgment of conviction would be entered and Engel would be sentenced.

Engel made only one restitution payment. When Engel failed to make additional payments, the State of Wisconsin moved for entry of judgment of conviction, and a hearing was scheduled. When Engel failed to appear for the hearing, a bench warrant for his arrest was issued.

Engel was arrested in Minnesota on May 22, 2002. Two days later, he was charged by complaint with being a fugitive from justice, in violation of Minn. Stat. § 629.13 (2000). The Governor of Wisconsin issued a requisition warrant, requesting Engel's return to Wisconsin. Subsequently, the Governor of Minnesota issued a rendition warrant providing for the return of Engel to Wisconsin.

Engel filed a petition for a writ of habeas corpus, challenging his extradition on the basis that his extradition papers are not in proper form. The district court denied Engel's petition, and this appeal followed.

ISSUE

Did the district court properly deny appellant's petition for a ...


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