STATE OF MINNESOTA

IN COURT OF APPEALS

A05-2423

State of Minnesota,

Respondent,

vs.

Timothy Kenbert Engle,

Appellant.

Filed May 22, 2007

Affirmed

Ross, Judge

Ramsey County District Court

File No. K8-04-496

Lori Swanson, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134; and

Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant County Attorney, 50 Kellogg Boulevard West, Suite 315, St. Paul, MN 55102 (for respondent)

Steven J. Meshbesher, Meshbesher & Associates, P.A., 225 Lumber Exchange Building, 10 South Fifth Street, Minneapolis, MN 55402 (for appellant)

Considered and decided by Halbrooks, Presiding Judge; Toussaint, Chief Judge; and Ross, Judge.

S Y L L A B U S

1.                  The state