Opinion
No. 50990.
April 14, 1987.
APPEAL FROM THE CIRCUIT COURT, CITY OF ST. LOUIS, JAMES L. SANDERS, J.
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.