State v. Martinson

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.

FACTS

Martinson sold cocaine to an undercover agent of the Willmar Police Department who visited Martinson at his home looking for the drug. Martinson bought…