Kubby

The People move to dismiss defendant Steven Wynn Kubby’s cross-appeal from his convictions for possession of psilocyn and mescaline. The People claim that defendant is a fugitive from justice, and as such, has forfeited his right to appeal his convictions.

Numerous felony cases conclude that “a convicted defendant who becomes a fugitive from justice forfeits the right to appeal that conviction.” (People v. Perez (1991) 229 Cal.App.3d 302, 308 [ 279 Cal.Rptr. 915 ].) But we have not been cited to a California case that addresses this rule in the context of misdemeanor convictions. Nonetheless, for the reasons set forth herein, we conclude that a misdemeanant who flees the state’s jurisdiction to escape his jail term similarly has no right to ask the state’s courts to review the very judgment that the fugitive flouts.

Factual Background

In December 2000, a jury found defendant guilty of possession of psilocyn (Health & Saf. Code, § 11377, subd. (a)) and possession of mescaline (Health & Saf. Code, § 11350, subd. (a)), but defendant successfully moved *622 pursuant to Penal Code section 17, subdivision (b), to have both convictions reduced to misdemeanors. The trial court…