Tony Portis, Appellant v. State of Missouri, Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Tony Portis, Appellant v. State of Missouri, Respondent. Case Number: ED87395 Handdown Date: 02/13/2007 Appeal From: Circuit Court of St. Louis County, Hon. John A. Ross Counsel for Appellant: Jo Ann Rotermund Counsel for Respondent: Robert J. Bartholomew Opinion Summary: Tony Portis appeals the denial of his Rule 24.035 motion. Portis was charged, pleaded guilty, and was convicted as a persistent offender, of two counts of leaving the scene of an accident and one count of second-degree assault. Portis failed to appear for sentencing, and a warrant was issued. He later was apprehended and sentenced to 22 years in prison. DISMISSED. Division Four Holds: Because of Portis' failure to appear for sentencing, we dismiss based on the escape rule. Citation: Opinion Author: Roy L. Richter, Presiding Judge Opinion Vote: DISMISSED. Crane, J., and Sullivan, J., concur. Opinion:

Tony Portis ("Movant") appeals the denial of his Rule 24.035 motion. Movant was charged, plead guilty, and convicted as a persistent offender, of two counts of leaving the scene of an accident and one count of second-degree assault. Movant failed to appear for sentencing and a warrant was issued. Movant was later apprehended and sentenced to twenty-two years in prison. Because of Movant's failure to appear at his sentencing hearing, we dismiss the appeal based on the escape rule. The escape rule is a judicially created doctrine that serves to deny the right of appeal or post-conviction relief to a defendant who escapes justice. Nichols v. State, 131 S.W.3d 863, 865 (Mo. App. E.D. 2004). Willful failure to appear for sentencing invokes the escape rule. State v. Crump, 128 S.W.3d 642, 643 (Mo. App. E.D. 2004). The appeal is dismissed. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.