State v. Kennedy
State v. Kennedy
Opinion of the Court
The defendant appeals from the judgment of conviction of larceny in the second degree in violation of General Statutes § 53a-123. He claims that the evidence was insufficient to establish his guilt beyond a reasonable doubt. Because the defendant fled the jurisdiction and has failed to submit himself to the jurisdiction of this court, we dismiss his appeal.
The defendant was arrested and charged in connection with the theft of jewelry from an unattended and unlocked display case at a department store on February 15, 1986. On September 12, 1986, the defendant was brought to trial before a jury of six on the charge
In State v. Leslie, 166 Conn. 393, 349 A.2d 843 (1974), our Supreme Court dismissed the appeal of a defendant who had escaped after his conviction and was still a fugitive when his appeal was heard. In so holding, that court, quoting the United States Supreme Court, noted: “ ‘No persuasive reason exists why this Court should proceed to adjudicate the merits of a criminal case after the convicted defendant who has sought review escapes from the restraints placed upon him pursuant to the conviction. While such an escape does not strip the case of its character as an adjudicable case or controversy, we believe it disentitles the defendant to call upon the resources of the Court for determination of his claims.’ Molinaro v. New Jersey, 396 U.S. 365, 366, 90 S. Ct. 498, 24 L. Ed. 2d 586 [1970].” State v. Leslie, supra, 395. The rationale expressed in Leslie is applicable to this case. We refuse to hold that a defendant who flees before he is convicted is entitled to greater appellate rights than one who awaits the outcome of trial.
The appeal is dismissed.
In this opinion the other judges concurred.
In Tyler v. Bronson, 12 Conn. App. 621, 624-25, 533 A.2d 570 (1987), we held that a defendant who flees before being informed of his right to appeal is nonetheless deemed to have forfeited his rights to the appellate process if he does not file a timely appeal.
An example of an egregious constitutional error would be if the court entered a directed verdict of guilty after the defendant’s failure to appear. Tyler v. Bronson, 12 Conn. App. 621, 625 n.3, 533 A.2d 570 (1987). No such clear abuse of the defendant’s right to a fair trial is alleged in this case.
Reference
- Full Case Name
- State of Connecticut v. Patrick Kennedy
- Cited By
- 4 cases
- Status
- Published