Opinion
A21D0377
06-18-2021
MOUSSA DIARRA v. THE STATE.
The Court of Appeals hereby passes the following order:
According to his application, Moussa Diarra was arrested in March 2021 and charged with financial transaction card fraud. The trial court entered an order setting bond in the amount of $10,000. Diarra filed a motion for a reduction of bond, which the trial court denied. Diarra then filed this application for discretionary appeal.
Because this case remains pending below, the trial court's order denying Diarra's motion for bond reduction was interlocutory. See Howard v. State, 194 Ga.App. 857 (392 S.E.2d 562) (1990). To appeal the order, Diarra was required to comply with the interlocutory appeal procedure, including obtaining a certificate of immediate review from the trial court. See OCGA § 5-6-34 (b). Although Diarra 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 S.E.2d 213) (1996).
Diarra's failure to follow the proper appellate procedure deprives us of jurisdiction to consider this application, which is hereby DISMISSED. See Mullinax v. State, 271 Ga. 112 (1) (515 S.E.2d 839) (1999); Howard, 194 Ga.App. at 857.