State v. Davila

I must respectfully dissent. The majority in this case is sanctioning the trial court’s action which was in direct contravention of section 941.20, Florida Statutes (1983). This section provides that the guilt or innocence of the accused may not be inquired into in any proceeding after the demand for extradition accompanied by a criminal charge in legal form is presented to the governor. The single and narrow exception to this mandate is when the issue of guilt or innocence is somehow involved in identifying the person held as the person charged with the crime.1 § 941.20, Fla. Stat. (1983).…