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STATE v. PHILLIPS

Nos. 96,754, 97,548.

210 P.3d 93 (2009)

STATE of Kansas, Appellee, v. Robert G. PHILLIPS, Appellant. and State of Kansas, Appellee, v. Alan Wenzel, Appellant.

Supreme Court of Kansas.

June 19, 2009.

Attorney(s) appearing for the Case

Christina M. Waugh, of Kansas Appellate Defender Office, argued the cause on behalf of the appellants and was on the brief for appellant Wenzel, and Carl Folsom, III, of the same office, was on the brief for appellant Phillips.

Matt J. Maloney, assistant district attorney, argued the cause, and Nola Tedesco Foulston, district attorney, and Paul J. Morrison, attorney general, were with him on the brief for appellee in case No. 96,754.

Amanda G. Voth, assistant district attorney, argued the cause, Karen S. Smart, assistant district attorney, Keith E. Schroeder, district attorney, and Paul J. Morrison, attorney general, were on the brief for appellee in case No. 97,548.

The opinion of the court was delivered by LUCKERT, J.:

In this opinion we address the question of whether a district judge may validly order a defendant who has been convicted of a felony to pay a docket fee, a booking fee, Board of Indigents' Defense Services (BIDS) attorney fees, and a BIDS application fee if the judge did not announce the order in open court during the sentencing proceeding. The defendants in this consolidated appeal argue that imposing these fees...

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