State v. Foust

GRAHAM, Judge.

Defendant contends the condition of probation requiring him to reimburse the State for cost of court appointed counsel infringes his constitutional right to counsel. “A condition which is a violation of the defendant’s constitutional right, and, therefore, beyond the power of the court to impose, is per se unreasonable and subject to attack by the defendant upon the State’s subsequent motion to put the sentence into effect for violation of that condition.” State v. Caudle, 276 N.C. 550, 173 S.E. 2d 778.

In support of this contention defendant cites In re Allen, 71 Adv. Cal. 409,…