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HUBBARD v. STATE

Nos. F-2000-638, F-2000-194.

45 P.3d 96 (2002)

2002 OK CR 8

Ray Lamont HUBBARD, Appellant, v. STATE of Oklahoma, Appellee. and Troy Don Cape, Petitioner, v. State of Oklahoma, Respondent.

Court of Criminal Appeals of Oklahoma.

February 21, 2002.

Attorney(s) appearing for the Case

Gerald Gibbs, Broken Bow, OK, Attorney for Defendant Hubbard, at trial.

Joe Watkins, Assistant District Attorney, Choctaw County Courthouse, Hugo, OK, Attorney for the State, at trial.

Kenneth E. Adair, Norman, OK, Attorney for Defendant Cape, at trial.

Jonathan Nichols, Assistant District Attorney, Cleveland County Courthouse, Norman, OK, Attorney for the State, at trial.

Cindy Brown Danner, Chief, General Appeals, Indigent Defense System, Norman, OK, Attorney for Appellant Hubbard, on appeal.

W.A. Drew Edmondson, Attorney General, Kellye Bates, Assistant Attorney General, Oklahoma City, OK, Attorneys for Appellee on appeal.

Katrina Conrad-Legler, Indigent Defense System, Norman, OK, Attorney for Appellant Cape, on appeal.

W.A. Drew Edmondson, Attorney General, Sandra D. Howard, Assistant Attorney General, Oklahoma City, Ok, Attorneys for Appellee on appeal.

SUMMARY OPINION

JOHNSON, Vice Presiding Judge.

¶ 1 Due to the similarity of the issues raised, we have consolidated these cases to address (1) whether the district courts' assessments of incarceration costs were arbitrary and capricious, and (2) whether the assessment of incarceration costs violates an indigent defendant's right to equal protection and due process, as guaranteed by the Fourteenth...

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