Knapp v. State

Order of Court.

In his emergency motion, Knapp claims error in the trial court’s failure, after a sentence of imprisonment had been imposed, to make a fresh determination of appellant’s custody pending a final decision on appeal of his conviction for driving under the influence in violation of OCGA § 40-6-391 (a) (5) pursuant to Birge v. State, 238 Ga. 88 (230 SE2d 895) (1976). Knapp also enumerates as error the trial court’s refusal to grant him bond pending his appeal of his misdemeanor conviction.

The governing statute, OCGA § 17-6-1, which previously provided for bail in misdemeanor cases…