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STATE v. AGUILAR

No. 100,992.

217 P.3d 994 (2009)

STATE of Kansas, Appellee, v. Raul J. AGUILAR, Jr., Appellant.

Court of Appeals of Kansas.

October 2, 2009.

Attorney(s) appearing for the Case

Christina M. Waugh, of Kansas Appellate Defender Office, for appellant.

Julie A. Koon, assistant district attorney, Nola Tedesco Foulston, district attorney, and Steve Six, attorney general, for appellee.

Before BUSER, P.J., MARQUARDT and CAPLINGER, JJ.

CAPLINGER, J.:

Raul J. Aguilar, Jr., appeals the district court's order requiring him to pay a $400 forensic laboratory fee (lab fee) incurred for testing marijuana found on his person during his arrest. Aguilar argues that under K.S.A. 2008 Supp. 28-176(a), the district court erred in imposing the lab fee because he was not charged with a drug-related offense. We agree and reverse and remand with instructions to vacate the imposition of the $400 lab fee.

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