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State v. Moody10/14/2005
Previous panels of this court have split in their interpretations of K.S.A. 2004 Supp. 22-4513. In State v. Robinson, 33 Kan. App. 2d 773, 109 P.3d 185 (2005), the majority held that the sentencing court did not err by failing to consider the defendant's financial resources before assessing attorney fees. In reaching its conclusion, the Robinson majority reasoned:
" e believe that the sentencing court must first tax, as costs, the amount requested by BIDS and then decide what, if any, amount can be collected. Of course, if at any time (even at the time it is being taxed) the defendant asks, the court must follow the statute and waive all or a portion of the amount taxed as the facts warrant. The inclusion of the waiver language in this statute precludes the trial court from having to make findings before taxation, unlike K.S.A. 21-4607, which has no such waiver provision. This interpretation of the statute gives full and harmonious effect to both subsections (a) and (b)." Robinson, 33 Kan. App. 2d at 782.
Judge Greene dissented from the Robinson majority on the attorney fee issue, concluding that the sentencing court is under both statutory and Constitutional obligations to consider a defendant's financial status when ordering payment of attorney fees. Robinson, 33 Kan. App. 2d at 784-86.
Recently, in State v. Barr, No. 92,366, unpublished opinion filed July 1, 2005, another panel of this court declined to follow Robinson, holding that the plain language of K.S.A. 2004 Supp. 22-4513(b) requires the trial court to consider the defendant's financial resources on the record at sentencing.
We agree with the rationale of the Robinson majority and find the consideration of a defendant's financial resources at the time the assessment is enforced, rather than at the time of assessment, provided an outcome consistent with the legislature's intent in enacting K.S.A. 2002 Supp. 22-4513.
Accordingly, we affirm the district court's order requiring Moody to reimburse the BIDS system for attorney and administrative fees.
Affirmed.
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