State v. Robinson

The opinion of the court was delivered by

Beier, J.:

This case arises on petition for review from the Court of Appeals’ decision in State v. Robinson, 33 Kan. App. 2d 773, 109 P.3d 185 (2005), affirming the district court’s assessment of attorney and administrative fees to reimburse the State Board of Indigents’ Defense Services (BIDS) against defendant Timothy A. Robinson, II.

We must consider two issues: (1) Whether such an assessment under K.S.A. 2005 Supp. 22-4513 is error if a sentencing judge fails to explicitly consider sua sponte at the time of assessment a defendant’s ability to pay and…