Opinion
A99A1636.
DECIDED: MAY 11, 1999.
Motion for reduction in bond. Pike Superior Court. Before Judge English.
Walker L. Chandler, for appellant.
William T. McBroom III, District Attorney, for appellee.
Defendant was charged with three counts of child molestation and bond was set by the superior court at $100,000.00, i.e., "$50,000.00 for Count 1; $25,000.00 for Count 2; and $25,000.00 for Count 3." After trial, the jury was "unable to reach a verdict, [and] the court declare[d] a mistrial." In December of 1998, defendant moved for a reduction in bond pending retrial, scheduled for April, 1999. The superior court reduced bond for Count 1 from $50,000.00 to $25,000.00, but left bond at $25,000.00 for each of Counts 2 and 3. From this order granting in part his motion for reduction in bond, defendant brings this direct appeal. Held:
The order granting in part defendant's motion for reduction in bond for the three indicted felony offenses is in the nature of an interlocutory order and is not enumerated in OCGA § 5-6-34(a) as directly appealable. Since defendant has not followed the interlocutory appeal procedures set forth in OCGA § 5-6-34(b), the appeal in Case Number A99A1636 must be dismissed. Howard v. State, 194 Ga. App. 857 ( 392 S.E.2d 562). Compare Wade v. State, 218 Ga. App. 377(1) ( 461 S.E.2d 314) (outright denial of appeal bond directly appealable).
Appeal dismissed. Johnson, C.J., and Pope, P.J., concur.