In Re Klock

Opinion

SCOTT, Acting P. J.

This petition seeks to set aside an extradition order by which petitioner is to be returned to New York for parole violation proceedings.

The question presented is whether a fugitive from a sister state who has signed a waiver of extradition as a condition of parole can be extradited from California without formal extradition proceedings. We conclude that under the compulsion of the holding in In re Patterson (1966) 64 Cal.2d 357 [49 Cal.Rptr. 801, 411 P.2d 897] advance waivers of extradition are ineffective in California, thus requiring that California authorities…