WAISTE v. STATE

No. A-3401.

808 P.2d 286 (1991)

John M. WAISTE, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

April 5, 1991.


Attorney(s) appearing for the Case

Richard D. Ellmers, King Salmon, for appellant.

Louis J. Menendez, Dist. Atty., Dillingham, and Douglas B. Baily, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., COATS, J., and ANDREWS, District Judge.


OPINION

ANDREWS, District Judge.

John M. Waiste appeals from his conviction after a trial by jury of the misdemeanor offense of operating a drift gill net in a manner not conforming to its basic design. 5 AAC 39.105(a)(3). We reverse.

On August 9, 1989, Waiste was arrested while commercially fishing for salmon using drift net gear on the Egegik River. Alaska State Trooper Robert Mumford and Fish and Game Technician Tory Oleck were on the river in...

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