Tatis v. State
Annotate this CaseThe court granted the interlocutory application of defendant to review the trial court's denial of a motion for bond defendant filed pursuant to OCGA 17-7-50. The appeal required the court to construe the statute to determine what constituted "confinement" that triggered the 90-day period within which the case of an unindicted and confined arrestee must be considered by the grand jury. The court held that, since it was undisputed that defendant was under arrest, was taken to the hospital pursuant to governmental authority, and was physically restrained during his two-day hospital stay as he was handcuffed to the hospital bed under the watchful eye of a deputy sheriff in an area of the hospital that contained jail cells, defendant was "in confinement" during his hospital stay and the 90-day period in which his case was required to be presented to the grand jury commenced on the day he was arrested. Accordingly, the trial court erred when it denied defendant's motion for bail on the charges for which defendant was arrested and held for 90 days without grand jury action. Therefore, the court reversed the judgment.
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