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BREAULT v. WILSON

No. 81SA221.

645 P.2d 276 (1982)

Joseph Michael BREAULT, Petitioner-Appellant, v. Bill WILSON, Superintendent, Centennial Correctional Facility, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 1, 1982.

Attorney(s) appearing for the Case

J. Gregory Walta, Colorado State Public Defender, Jody Sorenson Theis, Deputy State Public Defender, Denver, for petitioner-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Clement P. Engle, Asst. Atty. Gen., Denver, for respondent-appellee.

HODGES, Chief Justice.

Appellant Joseph Michael Breault is an inmate at the Colorado State Penitentiary. A request for temporary custody initiated by officials of Saline County, Arkansas, to return appellant to Arkansas for trial on charges of capital felony murder, kidnapping and rape, was filed pursuant to the Interstate Agreement on Detainers, section 24-60-501, C.R.S. 1973.

Consistent with this court's ruling in Moen v. Wilson, 189 Colo. 85,

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