People v. Vasquez

We are asked to consider whether a defendant convicted and sentenced in absentia and whose timely filed direct appeal is dismissed under the fugitive rule may file a second notice of appeal more than three years after the time for the fifing of a direct appeal has passed. We find that we lack jurisdiction to consider the first appeal under the guise of a second notice of appeal. We also find that the trial court was without jurisdiction to reconsider orders entered after the first notice of appeal was filed. We conclude that under the fugitive rule, we have the discretion on proper motion to…