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STATE OF MINNESOTA IN COURT OF APPEALS A10-979 State of Minnesota, Respondent, vs. Amy Lynn Brist, Appellant. Filed June 6, 2011 Affirmed in part, reversed in part, and remanded Collins, Judge* Otter Tail County District Court File No. 56-CR-09-2125 Lori Swanson, Attorney General, Joan M. Eichhorst, Assistant Attorney General, St. Paul, Minnesota; and David Hauser, Otter Tail County Attorney, Fergus Falls, Minnesota (for respondent) David W. Merchant, Chief Appellate Public Defender, Steven P. Russett, Assistant Public Defender, St. Paul, Minnesota (for appellant)

Considered and decided by Wright, Presiding Judge; Larkin, Judge; and Collins, Judge. SYLLABUS A statement made unwittingly to a confidential police informant is not testimonial and its admission does not violate the Confrontation Clause under Crawford v. Washington.

*

Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const. art. VI,

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