(Citation and punctuation omitted.) Dudley v. State, 230 Ga. App. 339, 341 ( 496 SE2d 341) (1998). See also Clarke v. State, 228 Ga. App. 219, 220 (1) ( 491 SE2d 450) (1997).
This holding is consistent with the principle that where a person charged with a crime is released on bail prior to trial, he remains in the constructive custody of the law.Dudley v. State, 230 Ga. App. 339, 341 ( 496 SE2d 341) (1998). 8A AmJur2d, Bail and Recognizance, § 1, p. 261 (1997).
[ Jones v. Grimes, 219 Ga. 585, 587 ( 134 S.E.2d 790) (1964)]; see also O.C.G.A. § 5-6-45 (a); Goodine v. Griffin, 309 F. Supp. 590, 591 (S.D.Ga. 1970); Clarke v. State, 228 Ga. App. 219 ( 491 S.E.2d 450) (1997).Dudley v. State, 230 Ga. App. 339, 340 ( 496 S.E.2d 341) (1998). Moreover, we note that the amount of a bond as reasonable or excessive is not susceptible to objective measurement under bright line rules.
This court agreed with him and reversed those special conditions as part of his appeal bond.Dudley v. State, 230 Ga. App. 339 ( 496 S.E.2d 341) (1998). Thereafter, the trial court denied Dudley's motion for a new trial.
Banishment, even from a single county, is "unreasonable as a matter of law," for the " totally unrelated" crime of battery. Dudley v. State, 230 Ga. App. 339, 341 ( 496 S.E.2d 341) (1998) (banishment from single county and requirement of permission to leave home county). In the present case, Sanchez pled guilty to the offense of battery.
In plaintiff's summary judgment motion, he cites to one case in which a plaintiff police officer convicted of three misdemeanor counts of simple battery for his use of pepper spray on arrestees petitions the court for a new trial. (See Pl.'s Br. For Summ. J. [19] at 22 (citing Dudley v. State, 496 S.E.2d 341, 230 Ga. App. 339 (1998)).) As this case is inapt, the Court DENIES plaintiff's motion for summary judgment on state law claims.
6. Addressing enumeration of error number 12, we find the trial court did not abuse its discretion in placing conditions on the grant of appellant's supersedeas bond. See Dudley v. State , 230 Ga.App. 339, 341, 496 S.E.2d 341 (1998) (bond in a misdemeanor case may be conditioned upon reasonable restrictions on the defendant's behavior). 7.