STATE OF MINNESOTA

IN COURT OF APPEALS

A04-324

State of Minnesota,

Respondent,

vs.

Gerald E. Houston,

Appellant.

Filed December 7, 2004

Affirmed
Crippen, Judge*

Sherburne County District Court

File No. K1-00-2332

Mike Hatch, Attorney General, Thomas R. Ragatz, Assistant Attorney General, 1800 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101-2134; and

Kathleen A. Heaney, Sherburne County Attorney, Arden Fritz, Assistant Sherburne County Attorney, Government Center, 13880 Highway 10, Elk River, MN 55330 (for respondent)

John M. Stuart, State Public Defender, Davi E. Axelson, Assistant State Public Defender, 2221 University Avenue S.E., Suite 425, Minneapolis, MN 55414 (for appellant)

Considered and decided by Lansing, Presiding Judge; Toussaint, Chief Judge; and Crippen, Judge.

S Y L L A B U S