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STATE v. COPES

No. 99,403.

224 P.3d 571 (2010)

STATE of Kansas, Appellee, v. Mary Jean COPES, Appellant.

Supreme Court of Kansas.

February 26, 2010.

Attorney(s) appearing for the Case

Shawn E. Minihan, of Kansas Appellate Defender Office, argued the cause, and Patrick H. Dunn, of the same office, was on the brief for appellant.

David R. Maslen, county attorney, argued the cause, and Steve Six, attorney general, was with him on the brief for appellee.

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

On review of a Court of Appeals' decision, we consider two issues of first impression for this court. Both arise from the district court's failure to consider a defendant's financial resources when imposing attorney fees and a fine.

First, can a defendant waive a K.S.A. 22-4513(b) requirement that a district court take into consideration "the financial resources...

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