State v. Cole

George Cole was convicted of third degree rape and sentenced to 11 months in jail. The trial judge denied his motion for stay of execution of the sentence and release pending appeal. Cole objects to the trial court’s decision and asks this court to release him on his own recognizance. Because the rules governing release pending appeal need clarification in a published decision, the motion was referred to a panel for resolution. Finding no abuse of discretion, we deny the motion for release.

The trial court denied release pursuant to RCW 9.95.062, which reads in pertinent part as follows:(1)…