Court of Appeals of Missouri, Eastern District, Second Division
PATRICK R. CONN, Appellant,
STATE OF MISSOURI, Respondent.
from the Circuit Court of Washington County Honorable Wendy
L. Wexler Horn.
S. ODENWALD, JUDGE.
R. Conn ("Conn") appeals from the judgment of the
motion court denying his Rule 24.03 5 motion for post-conviction
relief. Because Conn absconded for more than eighteen months,
we dismiss the appeal pursuant to the escape rule.
and Procedural History
State charged Conn with one count of assault in the first
degree, one count of armed criminal action, and one count of
endangering the welfare of a child, all arising out of an
incident in which Conn struck a minor with a tire iron and
his fists. In November 2010, Conn pleaded guilty to assault
in the first degree and to endangering the welfare of a child
in exchange for dismissal of the armed criminal action
charge. The plea court accepted Conn's plea and sentenced
Conn to ten years in prison for assault in the first degree
and seven years in prison for endangering the welfare of a
child, with the sentences to be served concurrently. The plea
court suspended the execution of the sentences and placed
Conn on supervised probation for five years.
2012, while still on probation, Conn was arrested for
committing domestic assault against his brother. Conn
admitted that he had been drinking at the time and tested
positive for alcohol. One of the conditions of Conn's
probation was that he would not consume alcohol. Conn did not
notify his probation officer of his arrest within 48 hours
thereof, as required by the terms of his probation.
2013, Conn was arrested for property damage. Conn was
convicted, placed on bench probation for two years, and given
a suspended imposition of sentence.
2013, a police officer was dispatched in response to a report
that a man was attacking a woman in the middle of a road.
Upon arrival, the police officer found Conn and his wife.
Conn's wife was crying and told the police officer that
Conn had beaten her up. Conn then ran from the scene. The
police officer instructed Conn to stop, which he did not do.
The police officer pursued Conn but lost sight of him. Later
that day, two police officers located and arrested Conn.
September 2013, Conn failed to report for his scheduled
appointment with his probation officer as required by the
terms of his probation. In October 2013, Conn's probation
officer attempted to meet with Conn at his last known
address. Conn's wife told the probation officer that Conn
no longer lived at that address and had not lived there for
two months. Conn was required to obtain advance permission
from his probation officer before making any change in
residency, which he had not done. In November 2013, Conn
again failed to report to his probation officer.
in November 2013, Conn's probation officer filed a report
stating that Conn's current residence was unknown and
declaring Conn an absconder. Later that month, the court
scheduled a probation violation hearing for January 2014 and
issued a capias warrant for Conn. In June 2015, approximately
nineteen months later, the warrant was served on Conn.
September 2015, Conn made an initial appearance in the
hearing court as required for a probation violation hearing.
However, when the case was recalled later that day, Conn did
not appear. The hearing court ordered Conn's bond revoked
and issued another capias warrant for Conn. The warrant was
served nineteen days later.
November 2015, a probation violation hearing was held. Conn
admitted to violating the reporting requirements of his
probation. The hearing court revoked probation and executed
Conn's prison sentences.
April 2016, Conn filed a pro se Rule 24.035 motion for
post-conviction relief. In October 2016, Conn filed an
amended motion. The amended motion made numerous claims,
including a claim that no factual basis was established for
his first-degree assault conviction. The ...