In light of his history and lack of any criminal history, the trial court granted Dr. Malloy's application for First Offender treatment (Sentencing Tr. 33), noting that she was doing so in order to facilitate his payment of restitution (Sentencing,
On March 27, 2014, Dr. Malloy filed a Motion for Bond Pending Appeal, which the trial court denied after a hearing. At the bond hearing, defense counsel presented evidence that Dr. Malloy, who is 65 years old, has no criminal record, has lived in Atlanta for well over thirty years, and has been married for 43 years to his wife, Raymie Malloy, with whom he has three children and six grandchildren.
Dr. Malloy lives with his wife and their youngest child, who is 14 years old. Defense counsel also presented evidence that Dr. Malloy has no property outside the country (or even outside the Atlanta area) (Bond 7); has never demonstrated any tendency to obstruct justice; and has never failed to honor the order of any court, come to court whenever summoned to do so, or otherwise interfered with the
1 Under current Parole Guidelines, Dr. Malloy's Parole Board Offense Guideline Level is a Ill. Based on his background, i.e., no prior offenses, no burglaries, good education, age at first commitment, he is anticipated to have a high "Parole Success Score." Ga. Comp. R & Regs § 475-3-05.08(a) - (g)). Accordingly, the defense believes that he will be eligible for parole under the 81idelines in approximately 20 months from March 10, 2014, the date on which the jury returned its verdict. (Sentencing Tr. 5). See OCGA § 42-9-40; OCGA § 42-9-45; Ga. Comp. R. & Regs. §475-3-05.14(a) and (d). Because Dr. Malloy's offense is categorized as a Level Ill offense, the recommended sentence is 20—24 months. The statute authorizes parole after service of 1/3 of the sentence, which is 16 months.
3
On March 27, 2014, Dr. Malloy filed a Motion for Bond Pending Appeal, which the trial court denied after a hearing. At the bond hearing, defense counsel presented evidence that Dr. Malloy, who is 65 years old, has no criminal record, has lived in Atlanta for well over thirty years, and has been married for 43 years to his wife, Raymie Malloy, with whom he has three children and six grandchildren.
Dr. Malloy lives with his wife and their youngest child, who is 14 years old. Defense counsel also presented evidence that Dr. Malloy has no property outside the country (or even outside the Atlanta area) (Bond 7); has never demonstrated any tendency to obstruct justice; and has never failed to honor the order of any court, come to court whenever summoned to do so, or otherwise interfered with the
1 Under current Parole Guidelines, Dr. Malloy's Parole Board Offense Guideline Level is a Ill. Based on his background, i.e., no prior offenses, no burglaries, good education, age at first commitment, he is anticipated to have a high "Parole Success Score." Ga. Comp. R & Regs § 475-3-05.08(a) - (g)). Accordingly, the defense believes that he will be eligible for parole under the 81idelines in approximately 20 months from March 10, 2014, the date on which the jury returned its verdict. (Sentencing Tr. 5). See OCGA § 42-9-40; OCGA § 42-9-45; Ga. Comp. R. & Regs. §475-3-05.14(a) and (d). Because Dr. Malloy's offense is categorized as a Level Ill offense, the recommended sentence is 20—24 months. The statute authorizes parole after service of 1/3 of the sentence, which is 16 months.
3
