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STATE v. PECK

No. A08-579.

773 N.W.2d 768 (2009)

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

Supreme Court of Minnesota.

October 22, 2009.

Attorney(s) appearing for the Case

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

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

OPINION

ANDERSON, G. BARRY, Justice.

A person commits a first-degree controlled-substance crime if that person possesses one or more "mixtures" that contain a controlled substance and that weigh 25 grams or more. Minn.Stat. § 152.021, subd. 2(1) (2008). In this appeal we consider whether the term "mixture" applies to bong water that tests positive for the presence of a controlled substance. Appellant State of Minnesota charged respondent Sara Ruth Peck...

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