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STATE v. WESTPHAL

No. 2006AP1963.

735 N.W.2d 601 (2007)

2007 WI App 154

STATE of Wisconsin, Plaintiff-Appellant, v. Troy P. WESTPHAL, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed May 1, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Leon D. Stenz, District Attorney, and Michael A. Lutz, Department of Natural Resources.

On behalf of the defendant-respondent, the cause was submitted on the brief of Mary A. Harper, Beaver Dam.

Before CANE, C.J., HOOVER, P.J., and PETERSON, J.

¶ 1 PETERSON, J.1

The State of Wisconsin appeals a judgment dismissing a charge of fishing with an unattended line against Troy Westphal. The State contends Westphal's failure to check his tip-ups for over an hour while ice fishing fits within the statutory definition of fishing with an unattended line. We agree, reverse the judgment, and direct the court on remand to find Westphal guilty and assess the appropriate fine.

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