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STATE v. ENGLE

No. A05-2423.

731 N.W.2d 852 (2007)

STATE of Minnesota, Respondent, v. Timothy Kenbert ENGLE, Appellant.

Court of Appeals of Minnesota.

May 22, 2007.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, and Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant County Attorney, St. Paul, MN, for respondent.

Steven J. Meshbesher, Meshbesher & Associates, P.A., Minneapolis, MN, for appellant.

Considered and decided by HALBROOKS, Presiding Judge; TOUSSAINT, Chief Judge; and ROSS, Judge.

OPINION

ROSS, Judge.

This case concerns the conviction of an armed security guard who shot a theft suspect while trying to apprehend him. Timothy Engle appeals from his conviction of reckless discharge of a firearm within a municipality. Engle contends that the state violated his due-process rights by failing to preserve digitally recorded surveillance video footage that might have shown an eyewitness, and that this failure prejudiced him. Engle also maintains...

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