Shaw v. State

Beasley, Judge.

This appears to be the first appellate case where the post-conviction bond was denied solely because of the character of the contemplated appeal. Thus the only question on appeal is whether the trial court correctly concluded that defendant did not show that the intended appeal was not frivolous.

Birge v. State, 238 Ga. 88, 90 (230 SE2d 895) (1976) sets out the standards for considering such bond. As we explained further in Pressel v. State, 161 Ga. App. 488 (287 SE2d 780) (1982): “In Birge . . . , the Supreme Court set the standard for the trial court that ‘(r)elease should not…