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STATE v. PECK

No. A08-0579.

756 N.W.2d 510 (2008)

STATE of Minnesota, Appellant, v. Sara Ruth PECK, Respondent.

Court of Appeals of Minnesota.

October 7, 2008.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and G. Paul Beaumaster, Rice County Attorney, Benjamin Bejar, Assistant County Attorney, Faribault, MN, for appellant.

Bradford S. Delapena, Special Assistant Public Defender, St. Paul, MN, for respondent.

Considered and decided by Lansing, Presiding Judge; MINGE, Judge; and MUEHLBERG, Judge.

OPINION

LANSING, Judge.

Sara Peck was charged with first-degree controlled-substance crime based on the possession of 37.17 grams of "bong water" containing methamphetamine. In this pretrial appeal, the state challenges the district court's dismissal of the charge for lack of probable cause. Because the water contained in the post-use by-product of a methamphetamine bong is not a mixture under Minn.Stat. § 152.01, subd. 9a (2006), we conclude that the...

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