STATE OF MINNESOTA

IN COURT OF APPEALS

C0-02-1688

State of Minnesota,

Respondent,

vs.

David Charles Pirsig,

Appellant.

Filed October 28, 2003

Affirmed

Gordon W. Shumaker, Judge

Faribault County District Court

File No. K50026

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

Brian Roverud, Faribault County Attorney, 125 North Main, P.O. Box 5, Blue Earth, MN 56013 (for respondent)

Michael C. Davis, Special Assistant State Public Defender, 46 East Fourth Street, Suite 1042 Minnesota Building, St. Paul, MN 55101 (for appellant)

Considered and decided by Shumaker, Presiding Judge; Willis, Judge; and Stoneburner, Judge.

S Y L L A B U S

A defendant has waived the right to be physically present in the courtroom when an alternate juror is substituted for a principal juror if jury deliberations have not yet begun, the defendant has consulted with his attorney and agreed to the substitution, has delegated authority to his attorney to agree to the substitution, and the attorney makes a record of the defendant