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MIZUSAWA v. STATE

CR-08-1517.

68 So.3d 886 (2010)

Hermanno M. MIZUSAWA v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied December 10, 2010.

Certiorari Denied February 11, 2011 Alabama Supreme Court 1100365.

Attorney(s) appearing for the Case

Joseph P. Van Heest , Montgomery (withdrew 7/23/10); Jeffery C. Duffey , Montgomery; Paul F. Enzinna , Washington, D.C.; Benjamin Barton Fitzpatrick , Washington D.C.; and Jeffrey A. Lamken , Washington, D.C., for appellant.

Troy King , atty. gen., and John J. Davis , asst. atty. gen., for appellee.

WELCH, Judge.

Hermanno M. Mizusawa was convicted of one count of possession of obscene matter containing a visual reproduction of a person under the age of 17 years, a violation of § 13A-12-192(b), Ala.Code 1975. The trial court sentenced Mizusawa to 8 years in prison; however, the trial court suspended the sentence and ordered Mizusawa to serve 18 months in prison followed by 2 years' probation.

Facts

Because Mizusawa does not challenge...

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