Saleem v. State

Banke, Judge.

The defendant was found guilty of armed robbery following a jury trial on May 10, 1978. Sentencing was deferred; and, prior to sentencing, he escaped from the custody of the sheriff. On May 26,1978, he was sentenced in absentia to 20 years’ imprisonment. On April 12,1979, he was recaptured; and on May 18,1979, he submitted to the trial court a motion for out-of-time appeal. The trial court denied the motion on the ground that the defendant by his escape had forfeited his right to appeal his conviction. From this order the defendant now appeals to this court. Held:

It is clear that…