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STATE v. ROSE

10P3394; A147635.

330 P.3d 680 (2014)

264 Or. App. 95

STATE of Oregon, Plaintiff-Respondent, v. Wayne Elliott ROSE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 2, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Anne Fujita Munsey , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Doug M. Petrina , Senior Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Nakamoto, Judge, and Egan, Judge.

NAKAMOTO, J.

In this criminal case, defendant appeals a judgment convicting him of using a child in a display of sexually explicit conduct, ORS 163.670.1 Defendant had an e-mail account with Yahoo!, Inc. (Yahoo), a California-based company. Pursuant to a search warrant issued by an Oregon circuit court, Yahoo disclosed defendant's e-mails to the police, including two e-mails containing photographs

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