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STELMACK v. STATE

No. 2D09-3354.

58 So.3d 874 (2010)

John STELMACK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 3, 2010.

Attorney(s) appearing for the Case

Lawrence G. Walters of Walters Law Group, Altamonte Springs , Derek B. Brett of The Brett Law Firm, P.A., Orlando, and John H. Weston and G. Randall Garrou of Weston, Garrou & Mooney, Los Angeles, California, for Appellant.

Bill McCollum , Attorney General, Tallahassee, and Diana K. Bock , Assistant Attorney General, Tampa, for Appellee.

Daniel R. Aaronson and James S. Benjamin , Fort Lauderdale, Gary S. Edinger , Gainesville, and Randall C. Marshall of American Civil Liberties Union Foundation of Florida, Inc., Miami, for Amicus Curiae ACLU of Florida, Inc.

SILBERMAN, Judge.

John Stelmack was found to be in possession of several images showing the faces and heads of two girls, ages eleven and twelve, cut and pasted onto images of a nineteen-year-old woman lewdly exhibiting her genitals. A jury found him guilty of five violations of section 827.071(5), Florida Statutes (2007), which proscribes the knowing possession of a photograph or representation that, in whole or in part, includes "sexual conduct by a child." We must...

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