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Conn v. State

Court of Appeals of Missouri, Eastern District, Second Division

December 10, 2019

PATRICK R. CONN, Appellant,
v.
STATE OF MISSOURI, Respondent.

          Appeal from the Circuit Court of Washington County Honorable Wendy L. Wexler Horn.

          KURT S. ODENWALD, JUDGE.

         Introduction

         Patrick R. Conn ("Conn") appeals from the judgment of the motion court denying his Rule 24.03 5[1] motion for post-conviction relief. Because Conn absconded for more than eighteen months, we dismiss the appeal pursuant to the escape rule.

         Factual and Procedural History

         The 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.

         In July 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.

         In May 2013, Conn was arrested for property damage. Conn was convicted, placed on bench probation for two years, and given a suspended imposition of sentence.

         In July 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.

         In 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.

         Later 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.

         In 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.

         In 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.

         In 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 ...


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