Malloy v. State
Decision Date | 09 September 2014 |
Docket Number | No. A14A1957.,A14A1957. |
Citation | 329 Ga.App. 38,763 S.E.2d 501 |
Court | Georgia Court of Appeals |
Parties | MALLOY v. The STATE. |
Chilivis, Cochran, Larkins & Bever, Brian Fenton McEvoy, Garland, Samuel & Loeb, Donald Franklin Samuel, Atlanta, for Appellant.
Nancy Bailey Allstrom, Sr. Asst. Atty. Gen., Robert D. James, Jr., Dist. Atty., Samuel S. Olens, Atty. Gen., for Appellee.
In the Superior Court of DeKalb County, a jury found Dr. Tyrone Malloy guilty of two counts of Medicaid fraud1 and the court sentenced him to serve four years in prison. Prior to filing his motion for a new trial, Malloy sought an appeal bond, which the court denied following a hearing. Malloy appeals from the order denying bond,2 contending that he presented sufficient evidence demonstrating that he was not a flight risk. For the following reasons, we affirm.
1. (Footnotes omitted.) Luke v. State, 282 Ga.App. 749, 750, 639 S.E.2d 645 (2006).
The defendant bears the burden of persuading the court to grant an appeal bond, and the court should not grant bond “unless the defendant presents sufficient information, evidence, or argument to convince the trial court that none of the four factors applies.” (Footnote omitted.) Abernathy v. State, 245 Ga.App. at 858, 539 S.E.2d 203. See also Moore v. State, 151 Ga.App. 413, 414, 260 S.E.2d 350 (1979) (accord). In addition to any evidence offered by the defendant, “the trial judge may consider all the evidence adduced at the trial that is pertinent to [the appeal bond] determination[.]” (Punctuation and footnote omitted.) Williford v. State, 218 Ga.App. 522, 523, 462 S.E.2d 632 (1995). “Whether we agree with [the trial court's] findings and conclusions is not controlling.” (Citations and punctuation omitted.) Hardy v. State, 192 Ga.App. 860, 861(2), 386 S.E.2d 731 (1989) (physical precedent only). Thus, as long as there is some evidence to support the trial court's decision,4 we will not disturb it. See Abernathy v. State, 245 Ga.App. at 857–858, 539 S.E.2d 203.
In this case, the court denied Malloy's request for bond by affirmatively finding that there was a substantial risk that Malloy would flee.5 Although Malloy presented evidence of his community ties, the trial court stated that it was not persuaded by Malloy's assurances. Given that Malloy was convicted of Medicaid fraud, a crime involving deceit and the theft of public funds, the court's distrust of Malloy's assurances is reasonably based in record evidence. Also, at sentencing, Malloy showed no acceptance of the jury's verdict and little understanding that it warranted criminal punishment, stating The record also contains evidence that Malloy is older, wealthy, and has family and business connections outside of Georgia, connections that may provide him refuge or aid. Given that some record evidence supports the court's decision to deny Malloy an appeal bond, we cannot say that the trial court manifestly abused its discretion. See Williford v. State, 218 Ga.App. at 524, 462 S.E.2d 632.
2. Malloy's motion to expedite this appeal is denied as moot.
Judgment affirmed.
1 OCGA § 49–4–146.1(b)(2) makes it unlawful for any person or Medicaid provider “knowingly and willfully to accept medical assistance payments to which he or she is not entitled or in an amount greater than that to...
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