context: That reading of DeSouza's holding is incorrect. The Court of Appeals held that the trial court did not err in proceeding with the defendant's retrial during the pendency of his appeal from the denial of a plea in bar that was found to be frivolous. See id. at 202-203. The court noted in passing that the defendant's "sentence was not imposed until after the remittitur [from the plea appeal] was filed below," id. at 203, hut the court did not hold that the supersedeas from the notice of appeal precluded the trial court from sentencing the defendant. Where a defendant files a notice of appeal challenging the denial of a plea in bar that the trial court finds to he frivolous or dilatory, the defendant may be retried, convicted, and sentenced despite the pendency of the defendant's appeal.
citation_a.signal: see also
citation_a.identifier: 263 Ga. App. 462, 463-466
citation_a.parenthetical: deciding a challenge to the denial of a plea in bar that the trial court found to be frivolous in an appeal from the defendant's convictions and sentence
citation_a.sentence: See also Baker v. State, 263 Ga. App. 462, 463-466 (588 SE2d 288) (2003) (deciding a challenge to the denial of a plea in bar that the trial court found to be frivolous in an appeal from the defendant’s convictions and sentence).
citation_b.signal: see
citation_b.identifier: 258 Ga. 764, 766, n. 1
citation_b.parenthetical: suggesting that a merits appeal from a conviction and sentence and an appeal from the earlier denial of a plea in bar could be decided together if the General Assembly required an application to appeal the denial of a plea in bar, which could not happen if the plea in bar appeal prevented the trial court from entering an appealable final judgment sentencing the defendant
citation_b.sentence: See Strickland v. State, 258 Ga. 764, 766, n. 1 (373 SE2d 736) (1988) (suggesting that a merits appeal from a conviction and sentence and an appeal from the earlier denial of a plea in bar could be decided together if the General Assembly required an application to appeal the denial of a plea in bar, which could not happen if the plea in bar appeal prevented the trial court from entering an appealable final judgment sentencing the defendant).