This is an interlocutory appeal from the trial court’s denial of Billy Denson’s motion for bond. While Denson was serving a prison sentence for a different offense, the District Attorney for Houston County filed a purported detainer on him with the Georgia Department of Corrections. The filing of that purported detainer, Denson argues, constituted his arrest and confinement on the charges at issue in this case and therefore triggered his rights under OCGA § 17-7-50. That statute requires charges to be brought before a grand jury within 90 days of arrest and confinement; and it provides, if that deadline is not met, that “the accused shall have bail set upon application to the court.” That deadline, Denson argues, was missed in this case and the trial court was therefore required to grant his motion for bond. We disagree. As detailed below, the Department of Corrections was not authorized to accept and file the purported detainer, because it did not meet the statutory requirements for a detainer. See OCGA § 42-6-1, 42-6-2. Its unauthorized filing did not trigger the requirements of OCGA § 17-7-50 or entitle Denson to bail under that Code section. Accordingly, we affirm.
As an initial matter, we note that the appellate record does not contain either the detainer or any specific information about the sentence Denson was serving when the detainer was filed. It is Denson’s burden, as the appellant, to show error affirmatively by the appellate record. See Westmoreland v. State, 287 Ga. 688, 696 10 699 SE2d 13 2010. Nevertheless, the Appellate Practice Act requires that we bring about a decision on the merits, if possible. See OCGA § 5-6-30. In the ruling before us, the trial court set forth certain facts that comported with representations made by both the prosecutor and defense counsel during the motion hearing. To the extent that those facts appear from the record and briefs to be undisputed, we will consider them in reviewing the trial court’s ruling. See generally Rank v. Rank, 287 Ga. 147, 149 2 695 SE2d 13 2010 absent objection, counsel’s evidentiary proffers to trial court during hearing will be treated as evidence on appeal.
