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STATE v. MARTINSON

No. C5-90-920.

460 N.W.2d 342 (1990)

STATE of Minnesota, Respondent, v. Jack Arthur MARTINSON, Appellant.

Court of Appeals of Minnesota.

Review Denied October 25, 1990.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Marie L. Wolf, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, Michael Lynch, Kandiyohi County Atty., Willmar, for respondent.

Considered and decided by LANSING, P.J., and PARKER and GARDEBRING, JJ.

OPINION

PARKER, Judge.

Jack Arthur Martinson appeals from a $20,000 fine and a $2,000 surcharge, part of his sentence upon his plea of guilty to third degree sale of a controlled substance, cocaine. He argues that the trial court abused its discretion by imposing a fine and surcharge inconsistent with the state's offer to agree to a misdemeanor sentence. He also argues the fine is excessive because of his indigency. We reverse and remand.

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