Howard v. State, A90A0531
| Decision Date | 13 March 1990 |
| Docket Number | No. A90A0531,A90A0531 |
| Citation | 194 Ga.App. 857,392 S.E.2d 562 |
| Parties | HOWARD v. The STATE. |
| Court | Georgia Court of Appeals |
Herbert Shafer, Atlanta, for appellant.
Tommy K. Floyd, Dist. Atty., Thomas R. McBerry, Asst. Dist. Atty., for appellee.
This is a direct appeal from an order denying defendant's motion for pretrial bail. Ordinarily, the denial of a motion for pretrial bail is an interlocutory matter requiring a defendant to follow the interlocutory procedure set forth in OCGA § 5-6-34(b). See Lane v. State, 247 Ga. 387, 276 S.E.2d 644. At one time, pursuant to OCGA § 17-6-1(c), the legislature provided that the denial of bail in such circumstances was directly appealable. See Foster v. State, 165 Ga.App. 137, 299 S.E.2d 420. Accord Merritt v. State, 169 Ga.App. 523, 524, 313 S.E.2d 780. Effective July 1, 1988, however, the language allowing for a direct appeal in such circumstances was deleted from the applicable Code section. Ga.L.1988, pp. 358, 362. Defendant's motion for pretrial bail is not a final judgment as defined in OCGA § 5-6-34(a)(1). Since the defendant has not followed the interlocutory appeal procedures set forth in OCGA § 5-6-34(b), the appeal must be dismissed.
Appeal dismissed.
To continue reading
Request your trial
-
Smith v. Nichols
...be interpreted as affording a defendant a right of direct appeal from the trial court's denial of pre-trial bond. In Howard v. State, 194 Ga.App. 857, 392 S.E.2d 562 (1990), the Court of Appeals ruled that an interlocutory application must be granted in order for an appellate court to revie......
-
Hood v. Carsten
...offense, Hood would be entitled to file an application for an interlocutory appeal to the Court of Appeals. See Howard v. State, 194 Ga.App. 857, 392 S.E.2d 562 (1990). With regard to the revocation of Hood's bail on the original "stalking" charge, the assistant district attorney could have......
-
Henderson v. Houston
...refuse to set bond, Petitioner can file an interlocutory appeal following the procedure set out in O.C.G.A. § 5-6-34(b). Howard v. State, 194 Ga. App. 857 (1990). Additionally, it appears that state habeas relief is also available to Petitioner. The law in Georgia provides that A[a]ny perso......
-
Wade v. State, A95A1037
...will lie from the interlocutory order denying bond during the pendency of a motion for new trial or an appeal. See Howard v. State, 194 Ga.App. 857, 392 S.E.2d 562. Compare Ferry v. State, 210 Ga.App. 321, 436 S.E.2d 59. The question of appellate jurisdiction was not squarely addressed in B......