Luciano v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MANSFIELD, Judge.

Texas Rule of Appellate Procedure 60(b) provides in part:

An appeal shall be dismissed on the State’s motion, supported by affidavit, showing that appellant has escaped, from custody pending the appeal and that to the affiant’s knowledge, has not voluntarily returned to lawful custody within the State within ten days after escaping....

(Emphasis added.) The issue presented is whether the court of appeals erred in holding that a defendant has “escaped from custody,” *524as that phrase is used in Rule 60(b) 1, when he violates a…