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STATE v. FINGAL

Nos. C4-02-1967, C3-03-254.

666 N.W.2d 420 (2003)

STATE of Minnesota, Respondent, v. Kristopher Gerald FINGAL, Appellant, Dennis Jay FRANKE, Appellant.

Court of Appeals of Minnesota.

July 29, 2003.

Attorney(s) appearing for the Case

Jeffrey D. Schiek, Phillip G. Villaume, Villaume & Associates, Edina, MN, for appellants.

Mike Hatch, Attorney General, St. Paul, MN; and Amy Klobuchar, Hennepin County Attorney, Jean E. Burdorf, Assistant County Attorney, Minneapolis, MN, for respondent.

Teresa J. Nelson, Minnesota Civil Liberties Union, St. Paul, MN, for amicus curiae Minnesota Civil Liberties Union.

Considered and decided by MINGE, Presiding Judge, HARTEN, Judge, and STONEBURNER, Judge.

OPINION

HARTEN, Judge.

Appellants were tried separately on stipulated facts and convicted separately under Minn.Stat. § 617.247 (1999) of possession of pictorial representations of minors. In this consolidated appeal, both challenge the constitutionality of that statute.

FACTS

Appellant Kristopher Fingal was charged with possessing child pornography in violation of Minn.Stat. § 617.247 (2000). He moved to dismiss the charges on...

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