The appellate court must dismiss an appeal on the State’s motion, supported by affidavit, showing that the appellant has escaped from custody pending the appeal and that to the affiant's knowledge, the appellant has not, within ten days after escaping, voluntarily returned to lawful custody within the state.
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(a) Timely Return to Custody; Reinstatement. The appeal may not be dismissed — or, if dismissed, must be reinstated — if an affidavit of an officer or other credible person is filed showing that the appellant, within ten days after escaping, voluntarily returned to lawful custody within the state.
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(b) Life Sentence. The appellate court may overrule the motion to dismiss — or, if the motion was granted, may reinstate the appeal — if:
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- (1) the appellant received a life sentence; and
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- (2) the appellant is recaptured or voluntarily surrenders within 30 days after escaping.