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Pressel v. State
Citations: 287 S.E.2d 780; 161 Ga. App. 488; 1982 Ga. App. LEXIS 1920Docket: 63516
Court: Court of Appeals of Georgia; February 18, 1982; Georgia; State Appellate Court
Robert Pressel and Jenny Tallant were convicted of possessing over one ounce of marijuana, with Pressel residing in Ohio and Tallant in Georgia at the time of trial. They were found with approximately 14 pounds of marijuana, drug paraphernalia, and a small quantity of cocaine. Tallant was granted bond, but Pressel's request for bond pending appeal was denied by the trial court based on two main findings: 1. **Risk of Flight**: The court determined that Pressel posed a substantial risk of fleeing due to his out-of-state residency and lack of ties to Georgia. 2. **Danger to the Community**: The court found that evidence indicated Pressel was heavily involved in drug trafficking, suggesting he could endanger others if released. Pressel appealed, arguing that the trial court's conclusions regarding his risk of flight and danger to the community were arbitrary. The appellate court referenced the standards established in *Birge v. State*, which outline that bond should only be granted if the appellant can convincingly demonstrate no substantial risk of flight and no likelihood of committing further crimes. The court affirmed the trial court's findings regarding Pressel, stating they were supported by the record and not clearly erroneous, thus upholding the denial of bond.