Georgia Court of Appeals, 2019

Noel Hills v. State

Noel Hills v. State
Georgia Court of Appeals · Decided September 23, 2019

Noel Hills v. State

Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ September 05, 2019 The Court of Appeals hereby passes the following order: A20I0027. NOEL HILLS v. THE STATE.

Noel Hills has filed this application for interlocutory review of the trial court’s order denying his request for pre-trial bond.1 Pretermitting whether Hills is represented by counsel below, which would render his application a nullity, see White v. State, 302 Ga. 315, 319 (2) (806 SE2d 489) (2017), we lack jurisdiction because it does not appear that the trial court issued a certificate of immediate review.

To obtain review of the order regarding pre-trial bond, Hills was required to comply with the interlocutory appeal procedure set forth in OCGA § 5-6-34 (b), including obtaining a certificate of immediate review within ten days of the order and filing an application within ten days of the certificate. See Mullinax v. State, 271 Ga. 112, 112 (1) (515 SE2d 839) (1999); Howard v. State, 194 Ga. App. 857, 857 (392 SE2d 562) (1990). Hills’ failure to obtain a certificate of immediate review deprives this Court of jurisdiction over his application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/05/2019 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.

Hills filed his application in the Supreme Court, which transferred it here. See Supreme Court Case No. S19I1441 (transferred Aug. 1, 2019).

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