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JALBERT v. STATE

No. 5D04-2135.

906 So.2d 337 (2005)

Kevin G. JALBERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 8, 2005.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, J.

Kevin G. Jalbert appeals his convictions of one count of promoting a sexual performance by a child in violation of section 827.071(3), Florida Statutes (2001), and fifty-nine counts of unlawful possession of child pornography, in violation of section 827.071(5), Florida Statutes (2001). Jalbert argues that the trial court erred in denying his motion to dismiss the child pornography charges because the State failed to establish that the photographs depicted...

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