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STATE v. FLEMING

(94-12-38069, 94-12-38073; CA A87518 (Control), A87519)

979 P.2d 771 (1999)

159 Or. App. 565

STATE of Oregon, Appellant, v. Lance Douglas FLEMING, Respondent. State of Oregon, Appellant, v. Ronald Keith Heckathorne, Respondent.

Court of Appeals of Oregon.

Decided April 14, 1999.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Diane L. Alessi, Interim Public Defender, argued the cause and filed the brief for respondents.

Before LANDAU, Presiding Judge, and WOLLHEIM and BREWER, Judges.

LANDAU, P.J.

In these consolidated criminal cases, defendants were charged with possession of a depiction of sexual conduct involving a child, in violation of former ORS 163.672 (1993), repealed by Or.Laws 1995, ch. 768, § 16.1 Defendants demurred to the indictments on the ground that former ORS 163.672 violated the free speech guarantees of Article I, section 8, of the Oregon Constitution. The trial court granted...

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