Mike Redford v. State ( 2016 )


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  • 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.
    

Document Info

Docket Number: A16D0368

Filed Date: 6/10/2016

Precedential Status: Precedential

Modified Date: 6/10/2016