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State v. Gresser

March 11, 2003

STATE OF MINNESOTA, RESPONDENT,
v.
MICHAEL C. GRESSER, APPELLANT.



Scott County District Court File No. 0113379

Considered and decided by Peterson, Presiding Judge, Harten, Judge, and Huspeni, Judge.

SYLLABUS BY THE COURT

Minn. Stat. § 86B.313, subd. 1(a)(2) (2000), which prohibits the use of personal watercraft between one hour before sunset and 9:30 a.m., is not unconstitutionally vague and does not violate the Equal Protection Clause of the Minnesota or United States Constitutions.

The opinion of the court was delivered by: Huspeni, Judge*fn1

Affirmed

OPINION

Appellant Michael Gresser challenges his conviction of operating a personal watercraft after hours, in violation of Minn. Stat. § 86B.313, subd. 1(a)(2) (2000). He argues that Minn. Stat. § 86B.313, subd. 1(a)(2), is unconstitutionally vague and violates the Equal Protection Clause of the Minnesota and United States Constitutions. Because we conclude that Minn. Stat. § 86B.313, subd. 1(a)(2), is constitutional, we affirm.

FACTS

On the evening of June 27, 2001, appellant was operating his personal watercraft on Prior Lake. Sunset occurred at 9:04 p.m. that day. At approximately 8:19 p.m., Scott County Deputy Sheriff Mark Hartman stopped appellant for operating his personal watercraft after hours, in violation of Minn. Stat. § 86B.313, subd. 1(a)(2) (2000). Deputy Hartman intended to give appellant an oral warning, but when appellant repeatedly demanded a citation, Deputy Hartman obliged.

Appellant brought a motion to dismiss the charge, arguing that Minn. Stat. §á86B.313, subd. 1(a)(2), is unconstitutionally vague and violates the Equal Protection Clause of the Minnesota and United States Constitutions. The trial court denied appellant's motion to dismiss, holding that the statute is constitutional. The case was submitted to the trial court on stipulated facts pursuant to a Lothenbach proceeding, and the court found appellant guilty of operating a personal watercraft after one hour before sunset, in violation of Minn. Stat. § 86B.313, subd. 1(a)(2). This appeal follows.

ISSUES

1. Is the provision in Minn. Stat. § 86B.313, subd. 1(a)(2) (2000), prohibiting the operation of personal watercraft after "one hour before sunset" unconstitutionally vague?

2. Does Minn. Stat. ยง 86B.313, subd. 1(a)(2), violate the Equal Protection Clause of the Minnesota or ...


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