Foster v. State

OPINION

NIERENGARTEN, Judge.

This is an appeal from an order denying the appellant’s petition for postconviction relief. The appellant contends the trial court improperly conditioned probation on payment of attorney fees to the county. We remand.

FACTS

Appellant Larry Foster was arrested on July 24, 1986, by Minneapolis police officers. He was arraigned the following day on charges of fifth degree assault and interviewed by Hennepin County personnel to determine whether he was eligible to be represented by a public defender. Although Poster was employed, the interviewer indicated in the records…