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McCormick v. State

Court of Appeals of Georgia
Mar 10, 1982
289 S.E.2d 23 (Ga. Ct. App. 1982)

Opinion

63726.

DECIDED MARCH 10, 1982.

Supersedeas bond. Paulding Superior Court. Before Judge Noland.

Thomas J. Hough, Jr., for appellant.

William A. Foster III, District Attorney, Jeff Richards, Assistant District Attorney, for appellee.


On this appeal after a Birge hearing ( 238 Ga. 88 ( 230 S.E.2d 895)), the sole enumeration of error is that the trial court failed to make the necessary findings of fact but merely stated conclusions of law.

In determining whether to grant an appeal bond the trial judge is not required to make findings of fact. Instead, he must set forth the basis of his decision predicated on the four questions posed by Birge. Moore v. State, 151 Ga. App. 413, 414 ( 260 S.E.2d 350). In the case sub judice the trial judge denied the application for bond, reciting two of the four reasons posited by Birge, to wit: "(1) There is a likelihood that the defendant will abscond; (2) There is a likelihood that the defendant would pose a continued threat to society by continuing to commit crimes." This was sufficient compliance with the requirements of our law. See Lane v. State, 247 Ga. 387, 389 ( 276 S.E.2d 644).

Judgment affirmed. Shulman, P. J., and Carley, J., concur.

DECIDED MARCH 10, 1982.


Summaries of

McCormick v. State

Court of Appeals of Georgia
Mar 10, 1982
289 S.E.2d 23 (Ga. Ct. App. 1982)
Case details for

McCormick v. State

Case Details

Full title:McCORMICK v. THE STATE

Court:Court of Appeals of Georgia

Date published: Mar 10, 1982

Citations

289 S.E.2d 23 (Ga. Ct. App. 1982)
289 S.E.2d 23

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