...'s favor in a criminal case. Because we agree with the state that the arresting officer had probable cause to arrest Tyson, we reverse. 1. Tyson has filed a motion to dismiss the writ of certiorari as improvidently granted, citing OCGA §§ 5-7-1 to 5-7-3, and sought to be released on bail under OCGA § 5-7-5....

...jeopardy of life or limb." [3] In 1973, the Georgia General Assembly enacted OCGA § 5-7-1, which gives the state a limited right to appeal certain orders, decisions, and judgments in criminal cases to the court of appeals or supreme court, and OCGA § 5-7-3, which extends the same right to the state in proceedings by certiorari....

...The state may exercise *447 this right because a defendant's constitutional right against double jeopardy is not implicated when the state seeks discretionary review of an adverse decision by the court of appeals in a criminal case. Although we have previously relied on OCGA §§ 5-7-1 to 5-7-3 as the basis for our jurisdiction when the state seeks review of a court of appeals' decision, our discretionary review powers are not limited to the specific situations enumerated in these code sections....

...We overrule our decision in B'Gos and other cases where we have held that the state did not have the authority under our constitution to seek certiorari from decisions of the court of appeals. [18] Contrary to the dissent's position, our holding does not render OCGA § 5-7-3 meaningless since it still applies to cases filed under chapter four of title five, which governs certiorari to superior courts....

...them, and the suggestion in the ABA Standards for Criminal Justice, § 21.1.4(c), that provision be made for defendants to seek bail when the prosecution initiates an appeal, is frustrated. Also adversely affected by the majority's rationale is OCGA § 5-7-3, which permits the State to seek certiorari only "from one court to another of this state ......

...t appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases...." The only Georgia courts that have a certiorari relationship and meet these criteria are this Court and the Court of Appeals. [28] Thus, § 5-7-3 only applies to the State's application to this Court to review decisions of the Court of Appeals. By holding that this Court reviews Court of Appeals' decisions at the instance of the State only under our constitutional authority, the majority negates § 5-7-3 and effectively destroys an interlocking statutory scheme that involves both regulation of the State's right to seek review and a criminal defendant's right to seek bail when the State initiates review of an appellate decision favorable to the defendant....

...However, none of these courts' decisions in criminal matters are directly appealable to this Court or the Court of Appeals, as is required by § 5-7-1. [29] Since I believe that the State's appeal falls within the parameters of OCGA §§ 5-7-1 and 5-7-3, the appeal from the denial of bail is rightfully before this Court pursuant to OCGA § 5-7-5....