IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO. 246-00

MICHAEL WAYNE POTTER, Appellant
v.
THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
FROM THE FOURTEENTH COURT OF APPEALS
HARRIS COUNTY
Mansfield, J., delivered the dissenting opinion in which McCormick, P.J. joined.

D I S S E N T I N G O P I N I O N

I respectfully dissent. In my opinion, the issue of the fugitive's competency in the context of extradition proceedings is irrelevant, as held by the Supreme Court of Kentucky in Kellens v. Buchignani, 518 S.W.2d 788 (Ky. 1974). The question of competency is best addressed in the context of whatever proceedings take place once extradition is completed and the fugitive has been successfully returned to the state that demanded his extradition.

We should defer to the discretion of the governor in matters of extradition and any review should be limited to the four issues as set forth in Michigan v. Doran, 439 U.S. 282, 288, 99 S.Ct. 530 (1978).

DELIVERED JUNE 28, 2000

PUBLISH