Legal Opinion

People v. Kubby

California Court of Appeal

Decided April 11, 2002No. C038631PublishedCited by 11 opinions

1Opinion of the Court

Opinion

KOLKEY, J.

The People move to dismiss defendant Steven Wynn Kubby’s cross-appeal from his convictions for possession of psilocyn and mescaline. The People claim that defendant is a fugitive from justice, and as such, has forfeited his right to appeal his convictions.

Numerous felony cases conclude that “a convicted defendant who becomes a fugitive from justice forfeits the right to appeal that conviction.” (People v. Perez (1991) 229 Cal.App.3d 302, 308 [279 Cal.Rptr. 915].) But we have not been cited to a California case that addresses this rule in the context of misdemeanor…

2Cases cited17 opinions

  1. Molinaro v. New JerseySupreme Court of the United States · 1970
  2. Ortega-Rodriguez v. United StatesSupreme Court of the United States · 1993
  3. Smith v. United StatesSupreme Court of the United States · 1876
  4. MacPherson v. MacPhersonCalifornia Supreme Court · 1939
  5. People v. RedingerCalifornia Supreme Court · 1880

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3Cited by11 opinions

  1. People v. Puluc-SiqueCalifornia Court of Appeal · 2010
  2. State v. BoldingCourt of Appeals of Arizona · 2011
  3. Riverside County Department of Public Social Services v. B. C.California Court of Appeal · 2003
  4. People v. Hyun Gu KangCalifornia Court of Appeal · 2003
  5. People v. Garcia CA6California Court of Appeal · 2014

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