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STATE v. LUBOTSKY

No. 88-1034-CR.

148 Wis.2d 435 (1988)

434 N.W.2d 859

STATE of Wisconsin, Plaintiff-Respondent, v. Lawrence I. LUBOTSKY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 28, 1988.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of The Law Offices of Alan D. Eisenberg, S.C., of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Donald J. Hanaway, assistant attorney general, and Christopher G. Wren, assistant attorney general.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

Lawrence Lubotsky appeals a judgment convicting him of sexual exploitation of children contrary to sec. 940.203(2), Stats. The sole issue is whether the facts were sufficient to support the trial court's finding that the photographs displayed a "[l]ewd exhibition of the genitals or pubic area," sec. 940.203(6)(b)5, even though the photographs were not in evidence. We conclude that sufficient evidence supports...

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