BY THE COURT
State v. Robinson, 281 Kan. 538, 132 P.3d 934
(2006), requires a district court judge to explicitly
consider on the record a criminal defendant's financial
resources before assessing a Board of Indigents' Defense
Services fee. Failure to do so compels vacation of the fee
assessment and remand for its reconsideration.
Imposition of consecutive on-grid sentences consecutive to a
life sentence without possibility of parole is not an abuse
from Wyandotte District Court; Bill Klapper, judge.
Carver-Allmond, of Kansas Capital Appellate Defender Office,
argued the cause, and was on the briefs for appellant.
Zipf-Sigler, assistant district attorney, argued the cause,
and Mark A. Dupree, district attorney, and Derek Schmidt,
attorney general, were with him on the brief for appellee.
case involves Board of Indigents' Defense Services (BIDS)
fees imposed on defendant Curtis R. Ayers and his sentences
for capital murder and other felonies.
district court judge assessed BIDS fees against Ayers after
his conviction, but the district court did not follow proper
procedure in assessing the fees. Ayers now challenges this
procedural defect and further asserts that it was
unreasonable for the district judge to order most of his
sentences to be served consecutively. As detailed below, the
district judge erred by failing to explicitly consider
Ayers' financial resources when he assessed the BIDS fee.
See State v. Robinson, 281 Kan. 538, 132 P.3d 934
(2006). But the district judge did not abuse his discretion
by ordering consecutive sentences. We affirm Ayers'
sentences, vacate the BIDS fee assessed, and remand this case
for reconsideration of that fee.
and Procedural Background
State charged Ayers with multiple felonies directly related
to an incident in which he killed Detective Brad Lancaster.
Because Ayers was indigent, he was appointed a public
defender. Ayers pleaded guilty to all counts.
sentencing, the district court judge sentenced Ayers to life
without the possibility for parole for the capital murder
conviction and various on-grid sentences for his other
crimes. Ayers received 247 months for a first count of
aggravated robbery; 61 months for a second count of
aggravated robbery; 61 months for each of two counts of
kidnapping; 34 months for each of two counts of aggravated
burglary; 34 months for aggravated battery; 19 months for
aggravated assault of a law enforcement officer; and 9 months
for criminal possession of a firearm. All of Ayers'
sentences were ordered to run consecutive to each other
except for the aggravated burglary sentences, which the
district judge ordered to run concurrent.
public defender argued that the district court should not
require Ayers to reimburse BIDS. The district judge then
asked defense counsel, "Where are we on attorney's
fees?" Defense counsel responded that "the work
done on this case was limited" and Ayers pleaded guilty
quickly so that the public defender was seeking only
"100 or 200 dollars" in reimbursement, "a
nominal amount." The district judge then said, "I
take it that the attorney's fees incurred are
substantially more than that," which defense counsel
admitted was true. There ...