Minute Order/Judgment I L F_ superior court Case No.: 003226 Date: 02/27/02 Dept: APP OF Riverside countyCase Name: PEOPLE VS KEITH HENSON Case Category: Appeal from Judgment - CRIMINAL FEB 27 2002, Hearing: Order re Dismissal of Appeal
Honorable SHARON J. WATERS, PresidingClerk: D.AVILA
Court Reporter: NONE
On the court's own motion the appeal in this matter is hereby DISMISSED (see attached). Further, the motion to augment under Rule 12 (a) and the request for judicial notice is hereby DENIED.
Clerk's Certificate of Mailing re: ORDER RE DISMISSAL OF APPEAL
In this matter, the defendant-appellant filed a notice of appeal on August 15, 2001.
On November, 29, 2001, this court issued an order to show cause within twenty days of the date of the order as to why this appeal should not be dismissed on the grounds that the appellant is a fugitive and therefore has forfeited his right to appeal (see, e.g., People v. Perez (1991) 229 Ca1.App.3d 302; People v. Brych (1988) 203 Cal.App.3d 1068; People v. Redinger (1880) 55 Cal. 290.
On December 19, 2001, the defendant-appellant filed his response to this court's OSC re: dismissal. On February 2, 2002, the Riverside County District Attorney's Office filed with this court a memoranda regarding this court's OSC re: dismissal.
California Rules of Court, Rule 190 states that if an appeal is irregular in any substantial respect, the superior court may, on its own motion, after written notice to the appellant, order it dismissed. After having considered the parties' filed documents, this court orders the defendant's appeal be dismissed. The defendant-appellant is a fugitive and cannot appeal while he remains a fugitive.
[One minor matter re this dismissal. I never got a copy of the DA's Feb. 2 filing. No surprise I suppose. Keith Henson]