A15074•Michael Hernandez v. State of Alaska
Texte intégral
In the Court of Appeals of the State of Alaska Michael Hernandez, Court of Appeals No. A-15074 Appellant, Order v. State of Alaska, Date of Order: September 29, 2026 Appellee. Trial Court Case Nos. 3KN-25-00132CR, 3KN-25-00075CR Before: Allard, Chief Judge, and Beach and Haines, Judges Hernandez is charged with one count of first-degree vehicle theft, one count of second-degree theft, two counts of first-degree failure to stop at the direction of a peace officer, one count of third-degree assault, one count of driving under the influence (DUI), one count of reckless driving, two counts of second-degree criminal trespass, and one count of violating conditions of release. The affidavit in support of the complaint alleged that on February 18, 2025 Hernandez was driving a stolen vehicle, failed to stop for the police, drove recklessly to avoid apprehension by the police, and then crashed the vehicle into a tree. A breath test revealed that Hernandez had a blood alcohol content of .142 percent. Hernandez was on conditions of release in Anchorage case (3AN-20- 07409CR) and on misdemeanor probation in another Kenai case (3KN-25-00075CR) at the time of this underlying incident. In the Kenai case, Hernandez pleaded guilty to two amended counts of third-degree theft, one count of violation of conditions of release, two counts of second-degree criminal trespass, and one count of fourth-degree theft on February 12, 2025. Among other charges, the Anchorage case included one
Hernandez v. State, A-15074 September 29, 2026 – p. 2 count of second-degree robbery and three counts of third-degree escape.1 Hernandez had been granted 322 days of credit towards his sentence in the Anchorage case (Hernandez was discharged from Set Free Alaska (Set Free) a little more than a month before the charges in the current case). The Alaska Constitution provides criminal defendants a constitutional right to pretrial release on bail and prohibits imposition of “excessive” bail.2 Excessive bail is that which goes beyond the amount actually “necessary to fulfill the purposes of bail — i.e., to reasonably assure the defendant’s appearance and the safety of . . . the community.”3 Consistent with the right to bail, Alaska law requires judicial officers to impose the “least restrictive condition or conditions that will reasonably ensure the person’s appearance and protect the victim, other persons, and the community.” 4 Absent legal error, we review a trial court’s bail decision for an abuse of discretion, recognizing that “setting bail ‘is in large measure a discretionary function, and the trial court is in the best position to make this determination.’”5 As a general matter, we will find an abuse of discretion only when the trial court’s decision was “arbitrary, capricious, manifestly unreasonable, or stemmed from an improper motive.”6 1 This case was subsequently resolved by a plea agreement, with Hernandez pleading guilty to one count of third-degree escape and two counts of fourth-degree assault. 2 Alaska Const. art. I, §§ 11, 12; see also Doe v. State, 487 P.2d 47, 51 (Alaska 1971) (discussing constitutional right to be released on bail). 3 Torgerson v. State, 444 P.3d 235, 237 (Alaska App. 2019). 4 AS 12.30.011(b). 5 Moe v. State, 570 P.3d 925, 935 (Alaska App. 2025) (quoting Pisano v. State, No. A-13089, 2018 WL 11306173, at *2 (Alaska App. May 24, 2018) (unpublished bail order)). 6 Wahl v. State, 441 P.3d 424, 430 (Alaska 2019) (quoting Lindbo v. Colaska, Inc., 414 P.3d 646, 651 (Alaska 2018)).
Hernandez v. State, A-15074 September 29, 2026 – p. 3 At Hernandez’s first court appearance on February 19, 2025, the district court set bail at a $50,000 cash performance bond and a $50,000 cash appearance bond. The district court also required that Hernandez be in the custody of a court-approved third-party custodian. At his first bail review hearing in September 2025, Hernandez requested that the superior court make a “drastic reduction” in his cash bail to a $10,000 unsecured appearance bond and order a bed-to-bed transfer to Set Free for inpatient alcohol treatment. After hearing argument on the request, the superior court noted that Hernandez had recently completed lengthy inpatient treatment at Set Free and, while he was living in a different sober living facility, he had relapsed and picked up the new criminal charges. The court further reasoned that although Hernandez faced a charge of DUI, Hernandez had a high number of priors, including felonies, that were not explained by alcohol use. The superior court denied Hernandez’s bail proposal finding that this proposal did not address the significant appearance and community safety risks that Hernandez posed given his criminal history and the underlying allegations. Hernandez did not appeal this denial. Hernandez then filed a subsequent bail application on June 10, 2026, which again requested a bed-to-bed transfer to inpatient treatment at Set Free and a reduction in cash bail to a $10,000 unsecured appearance bond. Hernandez’s second bail review hearing occurred on June 17, 2026. The superior court noted that it had addressed the same bail request from Hernandez back in September and had denied that request after finding it was not the least restrictive means because it was inadequate to ensure Hernandez’s appearance at trial and to protect the community given his criminal history, the seriousness of the charges, and that these charges occurred just six weeks after 322 days of inpatient treatment at Set Free. Hernandez’s attorney clarified that his new proposed admission at Set Free would be a dual diagnosis program to address both his substance abuse and bipolar disorder. The court noted that although it did not dispute that Hernandez needed treatment, it was
Hernandez v. State, A-15074 September 29, 2026 – p. 4 denying the request because granting Hernandez’s proposal for inpatient treatment at this late stage in the case would “put the case off another six months, nine months, a year,” interfering with providing a timely disposition. The superior court’s concerns were well-founded given this case had been pending for almost sixteen months at the time of the second bail hearing and needed to be set for trial. After having reviewed the record, we conclude that, given the age of the case, the superior court did not abuse its discretion in denying Hernandez’s latest bail request. The judgment of the superior court is AFFIRMED. Entered at the direction of the Court. Clerk of the Appellate Courts ________________________________ Meredith Montgomery cc: Judge Gist Trial Court Clerk Distribution: Email: Myers, Haley, Public Defender Raymond, Patrick Reid
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