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Smith v. State

Hotel and lodging costs for state's out-of-state witnesses could not be imposed against defendant convicted of DUI.

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Before Charles Christopher Smith’s trial for driving under the influence of alcohol and other related offenses, the State gave notice that it would present similar transaction evidence in testimony by two deputy sheriffs from Oregon. The State subsequently filed a motion to compel payment of witness fees under OCGA § 17-11-2. Smith opposed the motion, specifically objecting to the imposition on him of the costs of lodging and airfare for the out-of-state witnesses. After his conviction, the trial court included in the sentence a judgment against Smith for $1,144 for those costs. The Court of Appeals affirmed that judgment Smith v. State, 236 Ga. App. 548 512 SE2d 19 1999 and this Court granted the writ of certiorari, posing the following question:

Whether the Court of Appeals erred in holding that the expenses for airline tickets and hotel accommodations incurred in connection with the appearance of the two Oregon officers as witnesses for the State were assessable against the defendant as “costs accruing in the . . . trial courts” under OCGA section 17-11-1.

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