Georgia Code
Article 2 - Arrests, Trials, and Appeals
§ 40-13-28. [Effective July 1, 2023. See note.] Appeal to Superior Court; Bond

Any defendant convicted under this article shall have the right of appeal to the superior court. The provisions of subsections (b) and (c) of Code Section 5-3-5 and subsection (e) of Code Section 5-3-9 shall not apply to appeals under this Code section. Otherwise, the appeal shall be entered as appeals are entered from the probate court to the superior court, provided that the defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this state. Such bond shall have the same conditions as appearance bonds in criminal cases. The appeal to the superior court shall not be a de novo investigation before a jury but shall be on the record of the hearing as certified by the judge of that court who presided at the hearing below.
History. Ga. L. 1937-38, Ex. Sess., p. 558, § 10; Ga. L. 1986, p. 982, § 15; Ga. L. 2022, p. 767, § 2-31/HB 916.
Delayed effective date.
Code Section 40-13-28 is set out twice in this Code. This version, as set out above, is effective July 1, 2023. For version effective until July 1, 2023, see the preceding version.
The 2022 amendment, effective July 1, 2023, substituted “subsections (b) and (c) of Code Section 5-3-5 and subsection (e) of Code Section 5-3-9” for “Code Sections 5-3-29 and 5-3-30” in the second sentence in this Code section. See Editor’s notes for applicability.
Editor’s notes.
Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.

Structure Georgia Code