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STATE v. PAINTER

No. A-452.

695 P.2d 241 (1985)

STATE of Alaska, Appellant, v. Theodore PAINTER, Jr., Appellee.

Court of Appeals of Alaska.

February 22, 1985.

Attorney(s) appearing for the Case

Kathleen L. McGuire, Asst. Atty. Gen., Anchorage, and Norman C. Gorsuch, Atty. Gen., Juneau, for appellant.

C. Walter Ebell, Hartig, Rhodes, Norman, Mahoney & Edwards, Kodiak, for appellee.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

SINGLETON, Judge.

Theodore Painter, Jr., was charged with unlawful fishing for tanner crab in violation of state regulations. 5 AAC 35.510(1). Both the state and Painter agreed that the fishing occurred in the Fishery Conservation Zone (FCZ), that is, between three and two hundred miles from shore. Painter moved to dismiss. After briefing and oral argument, the motion was granted on the ground that the state...

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