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STATE v. BARSNESS

No. A10-1001.

795 N.W.2d 877 (2011)

STATE of Minnesota, Respondent, v. Kim Douglass BARSNESS, Appellant.

Court of Appeals of Minnesota.

April 12, 2011.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Timothy R. Faver , Beltrami County Attorney, Randall R. Burg , Assistant County Attorney, Bemidji, MN, for respondent.

Mark D. Nyvold , St. Paul, MN, for appellant.

Considered and decided by MINGE, Presiding Judge; KLAPHAKE, Judge; and LARKIN, Judge.

OPINION

LARKIN, Judge.

Appellant challenges his conviction of attempting to sell protected wild animals in violation of the game and fish laws under Minn.Stat. § 97A.325, subd. 1(a), arguing that his use of equipment tagged for infested-waters-only use to harvest minnows in non-infested waters is not a crime. Because the legislature has not made this conduct a crime, we reverse appellant's conviction without addressing his other claims of error.

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