Mike Redford v. State

• Court: Court of Appeals of Georgia
• Decided: June 10, 2016
• Docket: A16D0368
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 23, 2016

The Court of Appeals hereby passes the following order:

A16D0368. MIKE REDFORD v. THE STATE.

Mike Redford seeks discretionary review of the trial court’s order denying his motion for pretrial bond. The State has filed a motion to dismiss the application for discretionary appeal based upon Redford’s failure to follow the proper procedure for obtaining interlocutory review. An order denying a motion for pretrial bond is interlocutory. See Howard v. State, 194 Ga. App. 857 (392 SE2d 562) (1990). In order to appeal such an order, an applicant must comply with the interlocutory appeal procedure and obtain a certificate of immediate review. See OCGA § 5-6-34 (b). Although Redford filed a discretionary application, “[t]he discretionary appeal statute does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).” Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996). Redford’s failure to follow the proper appellate procedure deprives us of jurisdiction to consider this application. See Mullinax v. State, 271 Ga. 112 (1) (515 SE2d 839) (1999); Howard, supra. Accordingly, the State’s motion to dismiss is hereby GRANTED, and this application is DISMISSED. Court of Appeals of the State of Georgia 05/23/2016 Clerk’s Office, Atlanta,____________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.