State v. Bradford

Court of Appeals of Utah

State v. Bradford

2011 UT App 80, 249 P.3d 1005, 678 Utah Adv. Rep. 38, 2011 Utah App. LEXIS 78, 2011 WL 917014

CourtCourt of Appeals of Utah

DecidedMarch 17, 2011

Docket20090849-CA

StatusPublished

This text of 2011 UT App 80 (State v. Bradford) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Bradford, 2011 UT App 80, 249 P.3d 1005, 678 Utah Adv. Rep. 38, 2011 Utah App. LEXIS 78, 2011 WL 917014 (Utah Ct. App. 2011).

Pincite

Opinion

DECISION

PER CURIAM:

[ 1 Stacey Lynn Bradford appeals her conviction entered on September 9, 2009. This matter is before the court on the State's motion to summarily dismiss the appeal. Bradford did not oppose the motion. We dismiss the appeal.

12 A fugitive places himself beyond the reach of the judicial system and any ruling cannot be enforced against him. See State v. Tuttle, 713 P.2d 703, 704 (Utah 1985). Thus, an appellate court should dismiss a eriminal appeal if the defendant becomes a fugitive while the appeal is pending. See id. However, if the fugitive later returns to custody, the appeal "may be reinstated unless the State can show that it has been prejudiced by the defendant's absence and the consequent lapse of time." Id. at 705.

1 3 Bradford filed a timely notice of appeal. During the pendency of her appeal, Bradford violated the terms of her probation and became a fugitive. As a fugitive, Bradford has placed herself beyond the reach of the judicial system and her appeal should be dismissed. See id.

T 4 Accordingly, the appeal is dismissed. 1

1

. Bradford may seek reinstatement of her appeal if she returns to custody. See Tuttle, 713 P.2d at 705.

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DECISION

PER CURIAM:

[ 1 Stacey Lynn Bradford appeals her conviction entered on September 9, 2009. This matter is before the court on the State's motion to summarily dismiss the appeal. Bradford did not oppose the motion. We dismiss the appeal.

12 A fugitive places himself beyond the reach of the judicial system and any ruling cannot be enforced against him. See State v. Tuttle, 713 P.2d 703, 704 (Utah 1985). Thus, an appellate court should dismiss a eriminal appeal if the defendant becomes a fugitive while the appeal is pending. See id. However, if the fugitive later returns to custody, the appeal "may be reinstated unless the State can show that it has been prejudiced by the defendant's absence and the consequent lapse of time." Id. at 705.

1 3 Bradford filed a timely notice of appeal. During the pendency of her appeal, Bradford violated the terms of her probation and became a fugitive. As a fugitive, Bradford has placed herself beyond the reach of the judicial system and her appeal should be dismissed. See id.

T 4 Accordingly, the appeal is dismissed. 1

1

. Bradford may seek reinstatement of her appeal if she returns to custody. See Tuttle, 713 P.2d at 705.

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Bluebook (online)

2011 UT App 80, 249 P.3d 1005, 678 Utah Adv. Rep. 38, 2011 Utah App. LEXIS 78, 2011 WL 917014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bradford-utahctapp-2011.

Opinion

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