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STATE v. ELLENBERGER

No. C7-95-2137.

543 N.W.2d 673 (1996)

STATE of Minnesota, Appellant, v. Dale Eugene ELLENBERGER, Respondent.

Court of Appeals of Minnesota.

Review Denied April 16, 1996.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Attorney General, St. Paul, Alan L. Mitchell, St. Louis County Attorney, Duluth, James B. Florey, Assistant County Attorney, Virginia, for Appellant.

David J. Malban, Duluth, for Respondent.

Considered and decided by NORTON, P.J., and LANSING and FOLEY, JJ.

OPINION

LANSING, Judge.

The state appeals the district court's order dismissing a criminal charge of possession of a short-barreled shotgun. In his motion for dismissal, Dale Ellenberger successfully challenged the application of the short-barreled shotgun definition under Minn.Stat. § 609.67, subd. 1(c), to the modified shotgun in his possession. We read the statute to prohibit possession of the modified shotgun and reverse and remand.

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