Opinion
47367, 47384.
DECIDED JUNE 8, 1972. REHEARING DENIED JUNE 29, 1972 AND JULY 20, 1972.
Motion for bail. Hart Superior Court. Before Judge Williford.
William O. Carter, for appellant.
The defendant was convicted of a misdemeanor and given a probationary sentence. Upon hearing, the probation was revoked, from which revocation of probation the defendant appeals to this court in Case No. 47367. Application for bail was denied by the trial judge, from which denial there is an appeal pending in this court in case No. 47384. The defendant-appellant has filed his motion in this court for an order admitting appellant to bail pending the final determination of these appeals, contending that under Section 7 of the Appellate Practice Act of 1965 (Ga. L. 1965, pp. 18, 22; Code Ann. § 6-1001) he is entitled to bail as a matter of law. "After a final `judgment of conviction' is entered, the constitutional right of certiorari still exists to review a judgment revoking a probationary sentence. Williams v. State, 162 Ga. 327, 332 ( 133 S.E. 843); Rhodes v. State, 162 Ga. 627 ( 134 S.E. 448); State v. Thompson, 175 Ga. 189 ( 165 S.E. 34). The defendant has no right, however, to suspend the order of revocation by the giving of a bond, since the final judgment of conviction terminates any right to a supersedeas. Johnson v. Aldredge, [ 192 Ga. 209 ( 14 S.E.2d 757)]; Cain v. Grimes, [ 198 Ga. 566 ( 32 S.E.2d 302)]; Hodges v. Balkcom, [ 209 Ga. 856 ( 76 S.E.2d 798)]; Hodges v. Bruce, [ 209 Ga. 871 ( 76 S.E.2d 801)], all supra." Foster v. Jenkins, 210 Ga. 383 (3) ( 80 S.E.2d 277). This court, therefore, declines to grant the petition for bail or to issue a mandamus nisi or a rule nisi.
Motion denied. Hall, P. J., and Quillian, J., concur.