State v. Gilmore, 50990
| Decision Date | 14 April 1987 |
| Docket Number | No. 50990,50990 |
| Citation | 727 S.W.2d 469 |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Roosevelt GILMORE, Defendant-Appellant. |
| Court | Missouri Court of Appeals |
Lawrence J. Lee, Stephen H. Gilmore, St. Louis, for defendant-appellant.
William L. Webster, Atty. Gen., Kurt A. Hentz, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.
Defendant was tried upon a charge of statutory rape in May of 1975. On the morning of the third day of trial, defendant, who was free on bond, did not return to the courtroom after a recess. The trial proceeded in his absence, and the jury returned a verdict of guilty. Defendant was not apprehended until some ten and one-half years later. On December 12, 1985, defendant was sentenced as a persistent offender to imprisonment for a period of twenty-five years. He now appeals, claiming various trial errors. The state has filed a motion to dismiss the appeal because of defendant's escape.
It has long been the rule in the State of Missouri that a criminal defendant who escapes during his trial or post trial proceedings forfeits his right of appeal. State v. Peck, 652 S.W.2d 244, 245 (Mo.App.1983); State v. Lafata, 614 S.W.2d 27, 29 (Mo.App.1981). See also White v. State, 558 S.W.2d 372, 375 (Mo.App.1977). Accordingly, we hold that the state's motion should be sustained.
Appeal dismissed.
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