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STATE v. BERGER

No. CR-05-0101-PR.

134 P.3d 378 (2006)

212 Ariz. 473

STATE of Arizona, Appellee, v. Morton Robert BERGER, Appellant.

Supreme Court of Arizona, En Banc.

May 10, 2006.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section, Robert A. Walsh, Assistant Attorney General, Phoenix, Attorneys for the State of Arizona.

Law Offices of Laurie A. Herman By Laurie A. Herman, Scottsdale, and Law Offices of Ballecer & Segal By Natalee Segal, Phoenix, Attorneys for Morton Robert Berger.

Miller, Lasota & Peters PLC By Donald M. Peters, Phoenix, Attorneys for Amicus Curiae American Civil Liberties Union of Arizona.

OPINION

BALES, Justice.

¶ 1 Based on his possession of child pornography, Morton Robert Berger was convicted of twenty separate counts of sexual exploitation of a minor under the age of fifteen and sentenced to twenty consecutive ten-year prison terms. We hold that these sentences do not violate the Eighth Amendment's prohibition on cruel and unusual punishment.

I.

¶ 2 Arizona severely punishes the distribution or possession of...

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