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Capestany v. State

The defendants were not entitled to immediate release on their own recognizance regardless of whether they had first appearance and bail hearings within time allowed by law.

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Pursuant to a granted interlocutory appeal, Carlos Capestany, Melva Hernandez, Raul Dominguez, and Saul Flores-Romero seek to appeal the denial of their petitions for pretrial bail, contending that they are entitled to immediate release on their own recognizance because they did not have “first appearance” hearings and bail hearings within the time required by law. For the following reasons, we affirm. “The granting or denial of bail will not be set aside unless there is a manifest and flagrant abuse of discretion.” Citation omitted. Ayala v. State , 262 Ga. 704, 705 425 SE2d 282 1993.

The record reveals the following facts. On February 28, 2007, police officers executed a search warrant at 97 Shepards Court in Jefferson. They found a large indoor marijuana growing operation and arrested Dominguez and Flores-Romero, who were found in the basement. On March 2, police officers executed a search warrant at 109 Gold Crest Drive in Braselton, found evidence of a marijuana growing operation in the basement there, and arrested Capestany and Hernandez. On the same day, March 2, a magistrate issued arrest warrants for the appellants for the offenses of manufacturing marijuana, OCGA § 16-13-30,1 and conspiracy to traffic marijuana, OCGA § 16-13-33. Also on the same day, the appellants each signed a form entitled “First Appearance Hearing Waiver.”

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