Harper v. State

BLACKBURN, Presiding Judge.

Jimmy Bryan Harper appeals from the trial court’s order denying his motion to reinstate his motion for a new trial. Harper argues that, even though he was a fugitive at the time his new trial motion was filed, the trial court erred in dismissing the same because, at the time the order of dismissal was entered, Harper was in state custody. We disagree, finding that Harper was a fugitive during the entire time in which he was entitled to move for a new trial, and that, in his absence, trial counsel was not entitled to assert Harper’s rights. Accordingly, we affirm the…