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STATE v. LAWLER

No. A-5728.

919 P.2d 1364 (1996)

STATE of Alaska, Appellant, v. David B. LAWLER, Appellee.

Court of Appeals of Alaska.

June 21, 1996.

Attorney(s) appearing for the Case

Stephen R. West, Assistant District Attorney, Ben M. Herren, District Attorney, Ketchikan, and Bruce M. Botelho, Attorney General, Juneau, for Appellant.

C. Keith Stump, Ketchikan, for Appellee.

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

BRYNER, Chief Judge.

The state cited David B. Lawler for fishing with an undersized gillnet, in violation of 5 AAC 27.131(f). District Court Judge George L. Gucker dismissed the case, ruling that the former regulation defining the "stretched measure" method of determining net mesh size violated Lawler's right to due process. The state appeals, and we reverse.

The facts are undisputed. Lawler was fishing commercially for herring in the area where gillnets with...

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