Opinion
No. 109,003.
2014-01-31
STATE of Kansas, Appellee, v. Jose CRUZ, Appellant.
I fully join the first part of the court's opinion, which relies upon State v. Phillips, 289 Kan. 28, 34–35, 210 P.3d 93 (2009), to conclude that the probation-supervision fee assessed to a criminal defendant is not punitive and thus is not part of the sentence that must be orally pronounced from the bench. I express no opinion on the separate question of what a trial court must do to give proper consideration to whether a particular defendant's probation-supervision fee should be reduced or waived under K.S.A.2013 Supp. 21–6607(c)(3)(A). As the majority has recognized, determination of that issue is not necessary to resolve this appeal; I would wait for another case in which that issue is directly before us to address it.