Cordova v. Kennard

Dominic Mario Cordova,
Appellant and Petitioner,

v.

Aaron Kennard, Salt Lake County Sheriff;
Governor Michael O. Leavitt;
and Olene S. Walker, Lieutenant Governor,
Appellees and Respondents.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000248-CA

F I L E D
June 8, 2000 2000 UT App 175 -----

Third District, Salt Lake Department
The Honorable William A. Thorne

Attorneys:
Clayton A. Simms, Salt Lake City, for Appellant
Jan Graham and Mark E. Burns, Salt Lake City, for Appellees

-----

Before Judges Bench, Davis, and Orme.

PER CURIAM:

"An appeal is moot if during the pendency of the appeal circumstances change so that the controversy is eliminated, thereby rendering the relief requested impossible or of no legal effect." Richards v. Baum, 914 P.2d 719, 720 (Utah 1996) (citation omitted). Cordova was appealing the trial court's denial of his petition for writ of habeas corpus by which he sought to avoid extradition to New Mexico. Cordova claimed he was not in New Mexico at the time of the alleged crimes. However, this court has been advised that Cordova waived extradition and has been returned to New Mexico.

Accordingly, his appeal is dismissed as moot.
 

______________________________
Russell W. Bench, Judge
 

______________________________
James Z. Davis, Judge
 

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Gregory K. Orme, Judge