ALLEN v. STATE

CR-07-1063.

44 So.3d 525 (2009)

Joseph Michael ALLEN v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 5, 2009.

Certiorari Denied February 12, 2010 Alabama Supreme Court 1081207.


Attorney(s) appearing for the Case

Michael Armistead and Tara B. Armistead , Butler, for appellant.

Troy King , Atty. Gen., and Michael G. Dean , Asst. Atty. Gen., for appellee.


KELLUM, Judge.1

The appellant, Joseph Michael Allen, was convicted of one count of production of obscene matter containing a visual depiction of a person under 17 years of age, in violation of § 13A-12-197, Code of Alabama 1975. Allen was sentenced to 10 years' imprisonment. That sentence was split, and he was ordered to serve 24 months.

The evidence presented by the State established the following. On December 10, 2006, the...

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