dissenting.
I would hold that there is a per se forfeiture of appellate rights where a defendant escapes from custody or fails to appear for post-trial proceedings based upon the majority opinion in Commonwealth v. Jones, 530 Pa. 536, 610 A.2d 439 (1992). In Jones, this Court unequivocally held that:
A defendant’s voluntary escape acts as a per se forfeiture of his right of appeal, where the defendant is a fugitive at any time after post-trial proceedings commence. Such a forfeiture is irrevocable and continues despite the defendant’s capture or voluntary return to custody.
*295Id., 530 Pa. at 540, 610 A.2d at 441. In the instant case, appellant became a fugitive after post-trial proceedings commenced and was returned to custody approximately one month later only after he was arrested for theft, unauthorized use of an automobile and receiving stolen property. Consequently, under the holding in Jones, appellant forever forfeited his right to appellate review.
Notwithstanding Jones, the plurality opinion announcing the judgment of the Court contends that Commonwealth v. Galloway, 460 Pa. 309, 333 A.2d 741 (1975), is the controlling law. In Galloway, this Court maintained that it was within the discretion of the court to dismiss a fugitive’s appeal and refuse to hear the claims of one who placed themselves beyond the jurisdiction and control of the court. Thus, in Galloway, this Court found that there was no basis to grant the motion to dismiss the appeal because the defendant had been returned to custody, ensuring that he would be responsive to the jurisdiction of the court and to the judgment rendered. However, Jones sub silentio overruled Galloway.
I believe a defendant’s escape or flight from justice after invoking the court’s post-trial jurisdiction acts as a per se forfeiture of his right of appeal regardless of whether or when he is returned to custody. Here, appellant chose to bypass the appellate process by fleeing the jurisdiction of the court. But for police action, he may never have “returned” during his appeal process. The right to appeal is conditioned upon compliance with the procedures established by this Court and a defendant who deliberately chooses to bypass the orderly procedures for challenging his conviction is bound by the consequences of his decision. Commonwealth v. Passaro, 504 Pa. 611, 613, 476 A.2d 346, 347 (1984) (citations omitted).
Accordingly, I would affirm the order of the Superior Court quashing appellant’s appeal.