Opinion
A22I0187
05-24-2022
THE STATE v. HENDRIED GREEN
The State filed this application for interlocutory appeal, seeking leave to appeal the trial court's order granting defendant Hendried Green's motion to set bond. We lack jurisdiction.
Appeals by the State in criminal cases are construed strictly against the State, and the ability of the State to appeal is limited by OCGA § 5-7-1. See State v. Cash, 298 Ga. 90, 91 (1) (a) (779 S.E.2d 603) (2015); State v. Outen, 289 Ga. 579, 580 (714 S.E.2d 581) (2011). "Because OCGA § 5-7-1 (a) establishes the universe of appeals the State is permitted to seek in criminal cases, if the State attempts an appeal outside the ambit of OCGA § 5-7-1 (a), the appellate courts do not have jurisdiction to entertain it." State v. Wheeler, 310 Ga. 72, 74 (1) (849 S.E.2d 401) (2020) (punctuation omitted). No provision of OCGA § 5-7-1 (a) permits the State to appeal from an order granting a defendant's motion to set bond.
Because the trial court's order granting Green's motion to set bond is outside the ambit of OCGA § 5-7-1 (a), this application is hereby DISMISSED for lack of jurisdiction.