Costin v. State

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. On appeal, Costin contends that the trial court misconstrued this Code section. For reasons that follow, we agree and remand this…