What is the legal test for dismissing an appeal against a motion of appeal against the conviction of a defendant who is currently on the run?
California, United States of America
The following excerpt is from People v. Buffalo, 123 Cal.Rptr. 308, 49 Cal.App.3d 838 (Cal. App. 1975):
Dismissal of the appeal is within the court's discretion (People v. Redinger, 55 Cal. 290, 296). Although previous cases dismissing appeals deal with defendants who have escaped and are fugitives from justice, how the person came to be at large is not important. The crucial fact is Buffalo is not in either actual or constructive custody and is a fugitive.
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