Leath v. State
Leath v. State
Opinion of the Court
On February 14, 1991, defendant was convicted of possession of cocaine with intent to distribute and sentenced to serve five years in confinement. She moved for bond pending appeal, asserting she was expecting her second child within two months. On March 25, 1991, the trial court ordered the release of defendant upon the making of a $5,000 security bond and contingent upon defendant’s return to jail on June 1, 1991. Defendant appeals, contending the trial court erred in denying her motion for bond pending appeal. Held:
“In determining whether to grant an appeal bond the trial judge is not required to make findings of fact. Instead, he must set forth the basis of his decision predicated on the four questions posed by Birge [v. State, 238 Ga. 88 (230 SE2d 895)]. Moore v. State, 151 Ga. App.
Judgment vacated and case remanded with direction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.