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Baez v. Lemacks

Supreme Court of Georgia
Dec 5, 1994
452 S.E.2d 491 (Ga. 1994)

Opinion

S94A1133.

DECIDED DECEMBER 5, 1994. RECONSIDERATION DENIED DECEMBER 20, 1994.

Habeas corpus. Clayton Superior Court. Before Judge Ison.

Roberto Baez, pro se. Donald R. Foster, for appellee.


Roberto Baez appeals from the denial of his habeas corpus petition. The trial court found that Baez is being legally detained pending trial under two valid warrants. We affirm.

Baez presents no claim that shows his pretrial detention is illegal. He is not entitled to discharge based on his allegations of an illegal stop and seizure or ineffective assistance of counsel at the preliminary hearing. See Kearse v. Paulk, 264 Ga. 509 ( 448 S.E.2d 369) (1994); York v. Jarvis, 248 Ga. 774 ( 286 S.E.2d 296) (1982). Nor is he entitled to relief based on the trial court's refusal to allow him to present evidence and witnesses at his habeas corpus hearing. See OCGA § 9-14-14; Baez v. Lee, 262 Ga. 712 ( 425 S.E.2d 879) (1993). Moreover, the $56,000 bail set for his alleged trafficking in cocaine and other charges is not excessive. See Mayfield v. State, 198 Ga. App. 252 ( 401 S.E.2d 297) (1990). Because Baez is imprisoned under lawful process issued from a court of competent jurisdiction and has an adequate remedy in his pending trial, the trial court properly denied his habeas corpus petition. See OCGA § 9-14-16 (1).

Judgment affirmed. All the Justices concur.

DECIDED DECEMBER 5, 1994 — RECONSIDERATION DENIED DECEMBER 20, 1994.


Summaries of

Baez v. Lemacks

Supreme Court of Georgia
Dec 5, 1994
452 S.E.2d 491 (Ga. 1994)
Case details for

Baez v. Lemacks

Case Details

Full title:BAEZ v. LEMACKS

Court:Supreme Court of Georgia

Date published: Dec 5, 1994

Citations

452 S.E.2d 491 (Ga. 1994)
264 Ga. 808

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