Luciano v. State

OPINION

LARSEN, Justice.

This ease is before the Court on the State’s motion to dismiss under Tex. R.App.P. 60(b). That rule provides:

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.

The State’s supporting documents reveal that defendant Louis Luciano was convicted of criminal mischief on June 1,1992, and placed on adult probation. One of the terms of his probation was:

Re…