South Dakota v. Caruso
Annotate this CaseGeorge J. Caruso was convicted of simple assault and sentenced to 360 days in the Meade County Jail. He sought bail pending appeal, but the motion was denied. Caruso appealed the denial of bond asserting that the trial court abused its discretion in denying his motion. Upon review, the Supreme Court found that the trial court discussed the statutory factors, made findings of fact regarding each factor, and provided reasons for denying the motion. In particular, the court found that as a resident of Massachusetts, Caruso was more of a flight risk following sentencing because he was convicted and sentenced to 360 days in jail. Thus, the court reasoned, Caruso was no longer holding out hope for a lighter sentence and would be less inclined to appear for sentencing. The trial court’s findings of fact were supported by the record and accordingly were not clearly erroneous. Accordingly, the Court concluded the trial court did not abuse its discretion in refusing bail pending the outcome of the appeal.
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