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STATE v. CHRISTENSEN

No. C1-88-2065.

439 N.W.2d 389 (1989)

STATE of Minnesota, Appellant, v. Ann Brooke CHRISTENSEN, Respondent.

Court of Appeals of Minnesota.

Review Denied June 9, 1989.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Louise T. Dobbe, Sp. Asst. Atty. Gen., St. Paul, and Roger J. Fellows, Asst. City Atty. City of Brooklyn Park, Minneapolis, for appellant.

Larry B. Leventhal, Leventhal and Associates, Minneapolis, for respondent.

Randall D.B. Tigue, Minneapolis, for amicus curiae, Kawaljit Bhatia.

Heard, considered and decided by LANSING, P.J., and FOLEY and SCHUMACHER, JJ.

OPINION

FOLEY, Judge.

The state appeals from the trial court's dismissal of criminal charges due to its finding that the charging statute is unconstitutionally vague on its face and as applied. We reverse and remand.

FACTS

Respondent Ann Brooke Christensen was charged with the misdemeanor offense of possessing drug paraphernalia for delivery in violation of Minn.Stat. § 152.093 (1986), which provides:

It is unlawful for any...

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