Com. v. Shaffer

• Decision Date: 23 September 1992
• Citation: 612 A.2d 1354,531 Pa. 330
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. John Harry SHAFFER, Appellant.
• Court: Pennsylvania Supreme Court

Page 1354

612 A.2d 1354

531 Pa. 330

COMMONWEALTH of Pennsylvania, Appellee, v. John Harry SHAFFER, Appellant.

Supreme Court of Pennsylvania.

Submitted May 4, 1992.

Decided Sept. 23, 1992.

Appeal Nos. 67, 68 & 69 M.D. Appeal Dkt.1991, from the Order of the Pennsylvania Superior Court, 410 Pa.Super. 656, 590 A.2d 377 (1991), dated January 9, 1991 at 00104, 00167 and 00438 Harrisburg 1990, affirming the Extradition Order and Order Regarding Bail by the Court of Common Pleas of Cumberland County, Pennsylvania, dated January 9, 1990 at 25 Criminal 1990, February 22, 1990 at 25 Criminal 1990.

Patrick F. Lauer, Jr., for appellant.

J. Michael Eakin, Dist. Atty., Syndi L. Norris, Asst. Dist. Atty., for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.

ORDER

PER CURIAM.

We granted the Appellant's Petition for Allowance of Appeal to determine whether he was properly extradited under the Extradition Act, Act of July 9, 1976, 42 Pa.C.S. § 9121. Because Appellant failed to request a Stay of Extradition, on February 4, 1991, he was extradited to the state of Maryland. Accordingly, we must grant the Commonwealth's Motion to Dismiss. See Commonwealth v. Caffrey, 352 Pa.Super. 406, 508 A.2d 322 (1986).

Appeal dismissed.