Portis v. State

Missouri Court of Appeals

Portis v. State

214 S.W.3d 349, 2007 Mo. App. LEXIS 219, 2007 WL 445997

CourtMissouri Court of Appeals

DecidedFebruary 13, 2007

DocketNo. ED 87395

StatusPublished

Cited by2 cases

This text of 214 S.W.3d 349 (Portis v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Portis v. State, 214 S.W.3d 349, 2007 Mo. App. LEXIS 219, 2007 WL 445997 (Mo. Ct. App. 2007).

Pincite

Opinion

ROY L. RICHTER, Presiding Judge.

Tony Portis (“Movant”) appeals the denial of his Rule 24.035 motion. Movant was charged, plead guilty, and convicted as a persistent offender, of two counts of leaving the scene of an accident and one count of second-degree assault. Movant failed to appear for sentencing and a warrant was issued. Movant was later appre[350]*350hended and sentenced to twenty-two years in prison.

Because of Movant’s failure to appear at his sentencing hearing, we dismiss the appeal based on the escape rule. The escape rule is a judicially created doctrine that serves to deny the right of appeal or post-conviction relief to a defendant who escapes justice. Nichols v. State, 131 S.W.3d 863, 865 (Mo.App. E.D.2004). Willful failure to appear for sentencing invokes the escape rule. State v. Cramp, 128 S.W.3d 642, 643 (Mo.App. E.D.2004).

The appeal is dismissed.

KATHIANNE KNAUP CRANE, and SHERRI B. SULLIVAN, JJ., Concur.

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