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STATE v. MYRLAND

Nos. C8-01-2223, CX-01-2238.

644 N.W.2d 847 (2002)

STATE of Minnesota, Appellant, v. Brian Victor MYRLAND, Respondent, Mark Robert Norlander, Respondent.

Court of Appeals of Minnesota.

June 4, 2002.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and James C. Backstrom, Dakota County Attorney, Kathryn M. Keena, Lawrence F. Clark, Assistant Dakota County Attorneys, Hastings, MN, for appellant.

Jeffrey Dean, Minneapolis, MN, for respondents.

Considered and decided by HANSON, Presiding Judge, KLAPHAKE, Judge, and FOLEY, Judge.

OPINION

FOLEY, Judge.*

In these consolidated appeals, the state challenges the dismissal of charges against respondents for possession of child pornography. The state contends that the district court erred in finding that the affirmative defense in Minn.Stat. § 617.247, subd. 8 (2000), unconstitutionally requires defendants to prove the age of the person in the pornographic work...

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