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STATE v. LARSON

No. C1-85-916.

374 N.W.2d 329 (1985)

STATE of Minnesota, Respondent, v. Michael Charles LARSON, Defendant, Michael Johnson, Appellant.

Court of Appeals of Minnesota.

October 1, 1985.

Attorney(s) appearing for the Case

Steven C. Fecker, Lano, Nelson, O'Toole & Fecker, Ltd., Grand Rapids, for respondent.

Thomas S. Fraser, Fredrikson & Byron, P.A., Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Jean M. Boler, Sp. Asst. Atty. Gen., St. Paul, for amicus curiae State.

Considered and decided by FOLEY, P.J., and FORSBERG and NIERENGARTEN, JJ., with oral argument waived.

OPINION

FOLEY, Judge.

This appeal is from a trial court's summary appropriation of cash bail from an indigent defendant, to pay the cost of his public defender upon his acquittal. Michael Johnson, a friend of the defendant, filed a motion in the Itasca County District Court for a refund of cash bail posted by him for defendant Michael Larson. The trial court denied the motion. We reverse and remand.

FACTS

Michael Larson (defendant) was...

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