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Buckley v. State (7/22/2016) ap-2509

Buckley v. State (7/22/2016) ap-2509

                                                                                          NOTICE
  

                The text           of   this opinion can be corrected before the opinion is published in the                                          

               Pacific Reporter                  .   Readers are encouraged to bring typographical or other formal                                            

               errors to the attention of the Clerk of the Appellate Courts:    



                                                          303 K Street, Anchorage, Alaska  99501  

                                                                             Fax:  (907) 264-0878  

                                                                E-mail:  corrections@ akcourts.us  



                                 IN THE COURT OF APPEALS OF THE STATE OF ALASKA                                                                   



JEFFERY  JOHN  BUCKLEY,  

                                                                                                                                                                    

                                                                                                                     Court of Appeals No. A-12549  

                                                                                                                                                                                     

                                                             Appellant,                                            Trial Court No. 4FA-16-1381 CI  



                                              v.  

                                                                                                                                   O  P  I  N  I  O  N  

                                                                                                                                                                     

STATE  OF  ALASKA,  



                                                             Appellee.                                                   No. 2509 - July 22, 2016  

                                                                                                                                                                         



                               Appeal  from  the  Superior  Court,  Fourth  Judicial  District,  

                                                                                                                                                     

                               Fairbanks, Jane F. Kauvar, Judge.  

                                                                                        



                               Appearances:  JoyAnna Mickels, Assistant Public Defender, and  

                                                                                                                                                                  

                               Quinlan Steiner, Public Defender, Anchorage, for the Appellant.  

                                                                                                                                                                          

                               Donald  Soderstrom,  Assistant  Attorney  General,  Office  of  

                                                                                                                                                                  

                               Criminal Appeals, Anchorage, and Craig W. Richards, Attorney  

                                                                                                                                                     

                               General, Juneau, for the Appellee.  

                                                                                                          



                               Before:  Mannheimer, Chief Judge, Allard, Judge, and Suddock,  

                                                                                                                                                     

                               Superior Court Judge.*  

                                                                                  



                                             

                               Judge MANNHEIMER.  



                               The governor of Alaska issued a warrant for the extradition of Jeffery John                                                                                  



Buckley to the State of Oregon to face a charge of criminal non-support (for failing to                                                                                                           



        *       Sitting    by   assignment   made   pursuant   to   Article   IV,   Section   16   of   the   Alaska  



Constitution and Administrative Rule 24(d).                                       


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                                                                                                                                                                                                                 1  

pay more than $20,000 in child support).                                                                                                                                                                             Buckley challenged this extradition warrant                                                                                                                                         



by filing a petition for writ of habeas corpus.                                                                                                                                                                                             The superior court denied                                                                                                                      Buckley's  



habeas corpus petition, and Buckley now appeals the superior court's decision on two                                                                                                                                                                                                                                                                                                                                        



bases.   



                                                                   First, Buckley points out that, even though the Oregon indictment charging                                                                                                                                                                                                                                                         



him   with   non-support   spells   his   first   name   "Jeffery",   and   even   though   the   Oregon  



governor's extradition request and the Alaska governor's extradition warrant also spell                                                                                                                                                                                                                                                                                                                                  



his   first   name   "Jeffery",   the   underlying civil judgement                                                                                                                                                                                                                                  imposing the                                                           child   support  



obligation spells his first name differently - "Jeffrey".                                                                                                                                                                                                                           



                                                                   But Buckley has never denied that he is the person indicted for criminal                                                                                                                                                                                                                                                            



non-support in the State of Oregon, and the person named                                                                                                                                                                                                                                                      in the Oregon governor's                                                   



 extradition request.                                                                              The Oregon indictment not only spells Buckley's name correctly                                                                                                                                                                                                                                  



 ("Jeffery"), but it also recites his date of birth and his driver's license number, as well as                                                                                                                                                                                                                                                                                                                                       



the name of his daughter (the child he is obligated to support).                                                                                                                                                                                                                                                        



                                                                   Given these circumstances, the fact that the underlying child support order                                                                                                                                                                                                                                                                        



contains a different spelling of Buckley's first name is irrelevant to the                                                                                                                                                                                                                                                                                              validity of the                                        



 superior court's extradition order.                                                                                                                                     See Kelly v. State                                                                            , 803 P.2d 876, 878 (Alaska App.                                                                                                                



  1990) (holding that discrepancies in the extradition documentation will not invalidate the                                                                                                                                                                                                                                                                                                                                     



 extradition request if the record as a whole shows that the discrepancy is a "mere clerical                                                                                                                                                                                                                                                                                                                 



 error").   



                                                                   Buckley's second argument is that the State of Oregon is not legally entitled                                                                                                                                                                                                                                                             



to demand his extradition.                                                                                                         Buckley relies on the wording of AS 12.70.020(a)(1), which                                                                                                                                                                                                                     



declares,   



  



                  1               See  AS 12.70.060.                                                                        



                                                                                                                                                                                                              - 2 -                                                                                                                                                                                                          2509
  


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                              No demand for the extradition of a person accused but  

                                                                                                            

                    not  yet   convicted  of  a  crime  in  another  state  shall  be  

                                                                                                           

                    recognized  by  the  governor  of  this  state  unless  ...  [it]  

                                                                                                            

                    contain[s] ... an allegation that the accused was present in the  

                                                                                                      

                    demanding state at the time of the commission of the alleged  

                                                                                               

                    crime  and  that  thereafter  the  accused  fled  the  demanding  

                                                                                                              

                     state; except that this allegation  may  not be required in a  

                                                           

                    proceeding based on AS 12.70.050[.]  



                                                                                                                                

                    Buckley asserts that he was not present in the State of Oregon during the  



                                                                                                                                 

time covered by the criminal non-support indictment - and that, therefore, even if he  



                                                                                                                                

did fail to pay the court-ordered child support as alleged in the Oregon indictment, the  



                                                                                                                               

governor  of  Oregon  could  not  properly  allege  that  "[Buckley]  was  present  in  the  



                                                                                                                               

demandingstate [i.e., Oregon] at the time of the commission of the alleged crime and that  



                                                                     

[he] thereafter ... fled the demanding state".  



                                                                                                                                

                    Buckley's argument overlooks the last clause of AS 12.70.020(a)(1) - the  



                                                                                                                                

clause declaring that, in cases covered by AS 12.70.050, an extradition demand does not  



                                                                                                                    

have to include an allegation that the accused was physically present in the demanding  



                                                                         

state when the crime was allegedly committed.  



                                                                                                                                   

                    AS 12.70.050 expressly authorizes the governor of Alaska to extradite a  



                                                                                                                  

person charged with "committing an act in [Alaska], or [in] a third state, intentionally  



                                                                                                                               

resulting in a crime in the [demanding] state ... , even though the accused was not in [the  



                                                                                                                               

demanding] state at the time of the commission of the crime and has not fled from that  



             

state."  



                                                                                                                                 

                    This provision applies to Buckley:   if,  while living outside the State of  



                                                                                                                        

Oregon, Buckley intentionally failed to pay the child support that he owed in Oregon,  



                                                                                                                               

then the Oregon authorities could properly charge him with criminal non-support, and  



                                                                                                                  

the governor of Alaska was authorized to order his extradition to Oregon.  



                                                               - 3 -                                                          2509
  


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                                                 See   Moser   v.   Zaborac,   514    P.2d   12   (Alaska   1973)   (upholding   the  



defendant's extradition to Minnesota,                                                                                                          based on allegations that he committed acts in                                                                                                                            



Idaho that resulted in the commission of a crime in Minnesota).                                                                                                                                                                                   See also Clayton v.                                                    



 Wichael, 141 N.W.2d 538, 539 (Iowa 1966) (upholding the defendant's extradition to                                                                                                                                                                                                                                      



Oregon for criminal non-support, even though the defendant testified that he was living                                                                                                                                                                                                                     



outside Oregon when he failed to make his support payments).  

                                                                                                                                                                                                                                          



                                                 Because there is no merit to either of Buckley's arguments on appeal, the                                                                                                                                                                                           



superior court's decision is AFFIRMED.  

                                                                                                                                                         



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