State v. Grable Rhymes

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 09, 2023

The Court of Appeals hereby passes the following order:

A23A1084. THE STATE v. GRABLE RHYMES.

The trial court granted defendant Grable Rhymes’s motion to set bond, and the State filed this direct appeal, purporting to appeal pursuant to OCGA § 5-7-1 (a) (6). We, however, lack jurisdiction.

Pretermitting whether the State is entitled to appeal an order granting bond under OCGA § 5-7-1 (a) (6), to appeal a non-final order, the State must follow the interlocutory appeal procedures – including obtaining a timely certificate of immediate review. See OCGA § 5-7-2 (a); State v. Outen, 289 Ga. 579, 580-581 (714 SE2d 581) (2011). Here, the trial court’s order for bond is not a final order. Because the State failed to follow the required appellate procedure, this direct appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/09/2023

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.