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HOWARD v. THE STATE.

McMURRAY, Presiding Judge.

This is a direct appeal from an order denying defendant's motion for pretrial bail. Ordinarily, the denial of a motion for pretrial bail is an interlocutory matter requiring a defendant to follow the interlocutory procedure set forth in OCGA § 5-6-34 (b). See Lane v. State, 247 Ga. 387 ( 276 S.E.2d 644). At one time, pursuant to OCGA § 17-6-1 (c), the legislature provided that the denial of bail in such circumstances was directly appealable. See Foster v. State, 165 Ga. App. 137 ( 299 S.E.2d 420). Accord Merritt v. State, 169 Ga. App. 523, 524 ( 313 S.E.2d 780). Effective July 1, 1988, however, the language allowing for a direct appeal in such circumstances was deleted from the applicable Code section. Ga. L. 1988, pp. 358, 362. Defendant's motion for pretrial bail is not a final judgment as defined in OCGA § 5-6-34 (a) (1). Since the defendant has not followed the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b), the appeal must be dismissed.

Appeal dismissed. Carley, C. J., and Sognier, J., concur.

DECIDED MARCH 13, 1990.
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HOWARD v. STATE
(Mar 13, 1990)