Smith v. State

Full title: SMITH v. THE STATE

Court: Court of Appeals of Georgia

Date published: Apr 14, 2000

533 S.E.2d 772 (Ga. Ct. App. 2000)

243 Ga. App. 603

Opinion

A98A2280.

DECIDED: APRIL 14, 2000.

D.U.I., etc. Clayton State Court. Before Judge Braswell.

Monte K. Davis, for appellant.

Keith C. Martin, Solicitor, Kimberly A. Gross, Assistant Solicitor, for appellee.

JOHNSON, Chief Judge.

In Johnson 4 of Smith v. State, 236 Ga. App. 548, 553 ( 512 S.E.2d 19) (1999), we held that the trial court did not abuse its discretion in ordering Smith to pay travel costs incurred by the state in calling two out-of-state police officers as witnesses. The Supreme Court granted the writ of certiorari to address this issue.

In Smith v. State, 272 Ga. 83 ( 526 S.E.2d 59)(2000), the Supreme Court reversed our holding in Division 4, and the judgment of the Supreme Court is made the judgment of this Court with respect to that division. The case is remanded to the trial court to vacate the sentence insofar as it requires Smith to pay the witnesses' hotel and airline costs.

Judgments of conviction affirmed. Sentence vacated and case remanded. Smith, P.J., and Barnes, J., concur.

JOHNSON, Chief Judge.

DECIDED APRIL 14, 2000.