C.A. 4th;
D072473

The Fourth Appellate District granted a petition for writ of mandate. The court held that an extradition order for an Arizona probationer needed to comply with the Interstate Compact for Adult Offender Supervision (ICAOS).

Guadalupe Ramirez pleaded guilty in Arizona state court to three felony sex offenses involving minors. The Arizona court sentenced him to 10 years in prison, to be followed by lifetime probation. Following his release from prison, Ramirez applied to transfer his probation to California under the ICAOS. While living in California, Ramirez allegedly violated the terms of his probation. The Arizona court issued a warrant for his arrest. The Imperial County Sheriff's Office filed a fugitive complaint against Ramirez, seeking his extradition under California's extradition statutes. Ramirez was arrested and arraigned on the complaint. At hearing, defense counsel expressed doubt about Ramirez's mental competency. He was evaluated and diagnosed with schizophrenia. The court declined to order a hearing, finding that Penal Code §1368 did not apply. After hearing evidence, the trial court made a finding of identity and ordered Ramirez's extradition to Arizona.