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STATE v. JOHNSON

No. A09-68.

775 N.W.2d 377 (2009)

STATE of Minnesota, Respondent, v. Gary Lee JOHNSON, Appellant.

Court of Appeals of Minnesota.

December 1, 2009.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Kelly O'Neill Moller, Assistant Attorney General, St. Paul, MN, and Brian J. Melton, Clay County Attorney, Moorhead, MN, for respondent.

Marie L. Wolf, Interim Chief Appellate Public Defender, Benjamin J. Butler, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by LANSING, Presiding Judge; STONEBURNER, Judge; and JOHNSON, Judge.

OPINION

LANSING, Judge.

A district court judge found Gary Johnson guilty of possession of child pornography under Minn.Stat. § 617.247, subd. 4(a) (2006), which prohibits the possession of any visual depiction that uses a minor to depict actual or simulated sexual conduct. In this appeal, Johnson argues that the image he possessed did not depict sexual conduct within the meaning of Minn.Stat. § 617.246, subd. 1(e)(5). We conclude that the plain...

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