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Walden v. State

Court of Appeals of Georgia
Jan 23, 1989
378 S.E.2d 418 (Ga. Ct. App. 1989)

Opinion

74727.

DECIDED JANUARY 23, 1989.

Action for court costs. Cobb State Court. Before Judge Staley.

Larry W. Yarbrough, for appellant.

Patrick H. Head, Solicitor, Melodie H. Clayton, Philip Goldstein, Assistant Solicitors, for appellee.


After appellant was convicted and sentenced for a traffic offense, a $382.20 judgment for court costs was entered against her. This judgment was comprised of the following elements: $100 for bailiffs: $150 for six jurors; $63 for witnesses; and $69.[2]0 for the services of the clerk of the trial court. Appellant appealed from the judgment for court costs and this court affirmed with direction that $53 of the $63 representing witness fees be written off. Walden v. State, 185 Ga. App. 413 ( 364 S.E.2d 304) (1987).

The Supreme Court granted a writ of certiorari "to review the question whether a trial court may tax the costs of bailiffs and jurors against the defendant in a criminal case." Walden v. State, 258 Ga. 503 ( 371 S.E.2d 852) (1988). The Supreme Court held that "the costs in question are not taxable to criminal defendants . . . ." Walden v. State, supra at 504. Accordingly, the judgment of the Supreme Court is made the judgment of this court and the $382.20 judgment against appellant is affirmed with direction that $100 representing the cost for bailiffs, $150 representing the cost for jurors and $53 of the $63 representing the cost for witnesses be written off.

Judgment affirmed with direction. Deen, P. J., McMurray, P. J., Banke, P. J., Birdsong, Sognier, Pope, Benham and Beasley, JJ., concur.

DECIDED JANUARY 23, 1989.


Summaries of

Walden v. State

Court of Appeals of Georgia
Jan 23, 1989
378 S.E.2d 418 (Ga. Ct. App. 1989)
Case details for

Walden v. State

Case Details

Full title:WALDEN v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jan 23, 1989

Citations

378 S.E.2d 418 (Ga. Ct. App. 1989)
378 S.E.2d 418