State v. Ayers

The Supreme Court affirmed Defendant’s sentences for capital murder and other felonies and vacated the Board of Indigents’ Defense Services (BIDS) fee imposed on Defendant, holding that the district judge erred by failing explicitly to consider Defendant’s financial resources when he assessed the BIDS fee.During trial, because he was indigent, Defendant was appointed to a public defender. At sentencing, the district judge assessed a $1,000 BIDS fee against Defendant. Defendant appealed, arguing, among other things, that the district court improperly failed to consider, on the record, his ability to pay the BIDS fee assessed against him. The Supreme Court agreed and remanded this case for reconsideration of that fee, holding (1) the district judge did not follow the proper procedure in assessing the BIDS fees against Defendant; and (2) the district court did not abuse its discretion in imposing on-grid sentences consecutive to Defendant’s sentence of life imprisonment without the possibility of parole. View "State v. Ayers" on Justia Law