P. v. Moore
Daniel Craig Moore was charged with felony infliction of corporal injury to a spouse (Pen. Code, § 273.5, subd. (a)) and convicted of the lesser offense of misdemeanor assault (§ 240). He was also convicted of dissuading a witness from reporting a crime (§ 136.1, subd. (b)), injuring a wireless communication device (§ 591.5), and vandalism (§ 594, subd. (a)). The court granted defendant probation conditioned upon serving 180 days in jail. Defendant failed to appear for his jail commitment and returned to his native England. A warrant for defendant’s apprehension was issued and remains active.
Defendant’s attorney filed a notice of appeal on his behalf several days after defendant absconded. Defendant, through appointed counsel, continues to pursue his appeal and has also filed a petition for a writ of habeas corpus and coram vobis. On the court’s own motion, the appeal and petition are consolidated. The Attorney General moves to dismiss the appeal, claiming fugitive disentitlement. We shall dismiss the appeal and deny the petition.
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