From Casetext: Smarter Legal Research

Saleem v. State

Court of Appeals of Georgia
Nov 26, 1979
263 S.E.2d 490 (Ga. Ct. App. 1979)

Opinion

58979.

SUBMITTED OCTOBER 31, 1979.

DECIDED NOVEMBER 26, 1979.

Armed robbery. Fulton Superior Court. Before Judge Alverson.

Husam-Iddim Saleem, pro se. Lewis R. Slaton, District Attorney, Joseph J. Drolet, H. Allen Moye, Assistant District Attorneys, for appellee.


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 where a defendant escapes after filing a notice of appeal he thereby loses his right of appeal. See Madden v. State, 70 Ga. 383 (1883); Moore v. Caldwell, 231 Ga. 485 (1) ( 202 S.E.2d 425) (1973). We know of no logical reason for creating a different rule where, due to his escape, the defendant is unable to file a timely notice of appeal in the first place. Accord, Yates v. Brown, 235 Ga. 391, 393 ( 219 S.E.2d 729) (1975) (Hill, Justice, concurring specially). Accordingly, we agree with the trial court that the defendant waived his right to appeal by remaining a fugitive during the period when he was authorized by statute to file a motion for new trial or a notice of appeal. In accordance with Estelle v. Dorrough, 420 U.S. 534 ( 95 SC 1173, 43 L.Ed.2d 377) (1975), we reject the defendant's contention that such a ruling violates his federal constitutional rights.

Judgment affirmed. McMurray, P. J., and Underwood, J., concur.


SUBMITTED OCTOBER 31, 1979 — DECIDED NOVEMBER 26, 1979.


Summaries of

Saleem v. State

Court of Appeals of Georgia
Nov 26, 1979
263 S.E.2d 490 (Ga. Ct. App. 1979)
Case details for

Saleem v. State

Case Details

Full title:SALEEM v. THE STATE

Court:Court of Appeals of Georgia

Date published: Nov 26, 1979

Citations

263 S.E.2d 490 (Ga. Ct. App. 1979)
263 S.E.2d 490

Citing Cases

Sanders v. State

(Citations omitted.) Saleem v. State, 152 Ga. App. 552 ( 263 S.E.2d 490) (1979). Moreover, Sanders cannot…

Mohamed v. State

Accord Hall v. State, 271 Ga. App. 302 ( 609 SE2d 653) (2005).Saleem v. State, 152 Ga. App. 552 ( 263 SE2d…