Tyquan Bracey Kent v. State

• Court: Court of Appeals of Georgia
• Decided: April 6, 2023
• Docket: A23I0173
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 06, 2023

The Court of Appeals hereby passes the following order:

A23I0173. TYQUAN BRACEY KENT v. THE STATE.

Tyquan Bracey Kent, who has been charged with multiple counts of child molestation, rape and related offenses, seeks review of a superior court order denying him pre-trial bond.1 We, however, lack jurisdiction. Because this case remains pending below, the court’s order denying Kent bond is interlocutory. See Mullinax v. State, 271 Ga. 112, 112 (1) (515 SE2d 839) (1999); Howard v. State, 194 Ga. App. 857 (392 SE2d 562) (1990). To appeal the order, Kent was required to comply with the interlocutory appeal procedure, including obtaining a certificate of immediate review from the superior court. See OCGA § 5-6-34 (b). Kent, however, has not provided a certificate of immediate review from the superior court with his application materials. His failure to comply with the interlocutory appeal procedure deprives us of jurisdiction to consider this application. See Bailey v. Bailey, 266 Ga. 832, 832-833 (471 SE2d 213) (1996).

1 Kent originally filed the application, which is styled as a “Writ of Certiorari – Probable Cause/Bond,” in the Georgia Supreme Court, which transferred the case to this Court. Case No. S23I0600 (Mar. 2, 2023) Accordingly, this application is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/06/2023 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.