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Malloy v. State

The record supported the denial of the Medicaid fraud defendant's request for an appeal bond, since there was a substantial risk that he would flee.

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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.

“There is no constitutional right to bond pending appeal. Whether to grant an appeal bond to eligible3 felony defendants lies within the sound discretion of the convicting court, and we will not disturb the court’s decision absent a flagrant abuse of discretion.” Footnotes omitted. Luke v. State, 282 Ga. App. 749, 750 639 SE2d 645 2006.

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