State v. Gilmore

Defendant was tried upon a charge of statutory rape in May of 1975. On the morning of the third day of trial, defendant, who was free on bond, did not return to the courtroom after a recess. The trial proceeded in his absence, and the jury returned a verdict of guilty. Defendant was not apprehended until some ten and one-half years later. On December 12, 1985, defendant was sentenced as a persistent offender to imprisonment for a period of twenty-five years. He now appeals, claiming various trial errors. The state has filed a motion to dismiss the appeal because of defendant’s escape.

It has…