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COSTIN v. STATE

No. A04A1100.

605 S.E.2d 73 (2004)

269 Ga. App. 632

COSTIN v. The STATE.

Court of Appeals of Georgia.

September 16, 2004.

Attorney(s) appearing for the Case

Jackie G. Patterson, La Grange, for appellant.

Kirby & Roberts, Louis J. Kirby, La Grange, for appellee.

RUFFIN, Presiding Judge.

Robert Costin pleaded guilty to driving under the influence of alcohol to the extent it was less safe for him to drive. The trial court sentenced Costin to 12 months in jail, but probated all but 24 hours of the sentence. Costin, who had already served 11 hours in jail, asked the trial court to waive the remainder of his jail time, but the trial court refused, finding that OCGA § 40-6-391(c)(1) mandated a minimum 24 hour jail sentence...

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