YETKA, Justice.
This is an extradition proceeding in which, in response to a demand by the Governor of Wisconsin, the Governor of Minnesota has issued a rendition warrant for petitioner's surrender to Wisconsin authorities for prosecution for felony nonsupport of his child, who resides with her mother in Wisconsin. This appeal is from an order of the district court denying, after hearing, a petition for a writ of habeas corpus. That petition alleged that the State of Wisconsin was proceeding on the theory that petitioner was a fugitive from the State of Wisconsin, thereby allowing petitioner to place his presence in Wisconsin in issue. The state, however, conceded that petitioner had not been present in Wisconsin and pointed out that petitioner's presence in Wisconsin was not a prerequisite to prosecution for nonsupport. The district court agreed with the state. It also concluded that certain arguable defects in the extradition papers were nonsubstantial and nonprejudicial. We affirm.
Under Minn.Stat. § 629.06 (1980), the governor of this state has discretion to grant extradition of a person present in Minnesota who is charged not with being a fugitive from the demanding state, but with having committed acts in this state or a third state which constitute a violation of the criminal laws of the demanding state. See also Minn.Stat. § 518.51 (1980). In this case, it is alleged that petitioner committed acts in California and in Minnesota, but not in Wisconsin, which made him subject to felony prosecution in Wisconsin for nonsupport of his child, who is a resident of Wisconsin. The main issue which emerges from petitioner's brief is the claim that the governor of this state may have failed to realize that he had discretion to refuse to grant extradition in a proceeding based on section 629.06. Our examination of the record satisfies us that the papers presented to the governor sufficiently apprised him of the nature of the proceeding and that the governor was aware of that. Our review of the matter further satisfies us that the other prerequisites to extradition were fulfilled.
The governor's duties with respect to extradition of fugitives, as opposed to nonfugitives, are covered in Minn.Stat. §§ 629.02 and 629.03 (1980). See also G. Wanlass, Interstate Extradition: Should the Asylum State Governor Have Unbridled Discretion, 1980 B.Y.U. L.Rev. 376 (1980).
Petitioner, who is free on bail pending appeal, has requested that, in the event of an adverse decision, a stay be entered to enable him to petition for relief in federal district court. It is ordered that further proceedings herein be stayed for 15 days after the filing of this opinion.
Affirmed.