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CITY OF FARMINGTON v. FAWCETT

No. 12900.

843 P.2d 839 (1992)

114 N.M.App. 537

CITY OF FARMINGTON, Plaintiff-Appellee, v. Tom FAWCETT, D/B/A Farmington Magazine and Book Store, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted August 14, 1992.

Certiorari Quashed October 16, 1992.

Attorney(s) appearing for the Case

Jay Burnham, Deputy City Atty., Farmington, James P. Mueller, Children's Legal Foundation, Phoenix, Ariz., for plaintiff-appellee.

Philip B. Davis, Jeffrey J. Buckels, Albuquerque, for defendant-appellant.

OPINION

BLACK, Judge.

Defendant appeals his conviction of five counts of dissemination of obscene material in violation of Farmington, New Mexico, Ordinance Number 89-920, Section 21-50.1 (1989) (the Ordinance). He raises four issues on appeal: 1) whether the Farmington Ordinance violates Article II, Section 17 of the New Mexico Constitution, the free speech provision; 2) whether the trial court improperly admitted opinion evidence regarding community standards...

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