Hubbard v. State

LUMPKIN, Presiding Judge:

concur in part/dissent in part.

T1 I dissent to the Court's decision to vacate and remand for an evidentiary hearing the judgments and sentences with respect to the costs of incarceration. Since the only issues raised contest the assessment of costs of incarceration, I find the judgments and sentences are otherwise affirmed. I concur to that implicit affirming of the judgments and sentences not relating to the cost or incarceration.

12 Under 22 O.8.Supp.1991, § 9792, the costs of incarceration "shall not be assessed if, in the judgment of the court, such costs *102would…