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STATE OF MINNESOTA IN COURT OF APPEALS A07-1610 State of Minnesota, Respondent, vs. Anthony DeWalt, Appellant. Filed November 4, 2008 Affirmed in part, reversed in part, and remanded Klaphake, Judge Wright County District Court File No. K7-05-2768 Lori Swanson, Attorney General, James B. Early, Assistant Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134; and Thomas N. Kelly, Wright County Attorney, 10 Second Street N.W., Buffalo, MN 55313 (for respondent) Lawrence Hammerling, Chief Appellate Public Defender, Rachel Foster Bond, Assistant State Public Defender, 540 Fairview Avenue North, Suite 300, St. Paul, MN 55104 (for appellant) Considered and decided by Worke, Presiding Judge; Klaphake, Judge; and Peterson, Judge. SYLLABUS 1. A district court does not err by proceeding at trial with the defendant absent

from the courtroom when the record demonstrates that the defendants absence is voluntary.

2.

The state must charge an offense by indictment, in accordance with Minn.

R. Crim. P. 17.01, in order for a district court to have authority to impose an enhanced criminal sentence of life imprisonment. OPINION KLAPHAKE, Judge The state charged appellant Anthony DeWalt by amended criminal complaint with multiple counts of first- and second-degree criminal sexual conduct, kidnapping, and assault. For two first-degree criminal sexual conduct charges under Minn. Stat.

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