State v. Parrella, 98-0831.
Decision Date | 09 June 1999 |
Docket Number | No. 98-0831.,98-0831. |
Parties | STATE of Florida, Appellant, v. Thomas PARRELLA, Appellee. |
Court | Florida District Court of Appeals |
Robert A. Butterworth, Attorney General, Tallahassee, and Douglas J. Glaid, Assistant Attorney General, West Palm Beach, for appellant.
Russell L. Cormican of Norman Elliott Kent, P.A., Fort Lauderdale, for appellee.
During an investigation into child pornography, two undercover detectives went to the home of Thomas Parrella pretending to be interested in buying videotapes of child pornography. Parrella showed the detectives portions of four different videotapes depicting sexual acts involving children. As a result, Parrella was charged with four counts of violation of section 827.071(4), Florida Statutes (1997)1. The state appeals from an order granting Parrella's motion to dismiss counts II, III, and IV. We affirm.
approved in part, quashed in part, 590 So.2d 404 (Fla.1991), certiorari denied, 503 U.S. 964, 112 S.Ct. 1572, 118 L.Ed.2d 216 (1992) ( ).2 Resort to the "a/any" dichotomy as a means of discerning legislative intent of the unit of prosecution has not been limited to cases involving possession of multiple articles of the same type of contraband. See, e.g., Wallace v. State, 724 So.2d 1176 (Fla. 1998) ( ).
We affirm the trial court's dismissal of Counts II, III, and IV of the...
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State v. Mather, S-01-738.
...magazines, periodicals, films, video tapes, or other matter which contain any visual depiction'" of child pornography; State v. Parrella, 736 So.2d 94 (Fla.App. 1999), which involved the crime of the possession of movies with the objective of intending to promote child pornography; and Amer......
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State v. Howell
...support multiple convictions for possession of multiple images. See, e.g., U.S. v. Kimbrough, 69 F.3d 723 (5th Cir.1995); State v. Parrella, 736 So.2d 94 (Fla.App.1999); American Film Distributors, Inc. v. State, 471 N.E.2d 3 (Ind.App.1984) (all holding that "any" is ambiguous). But see, Ma......
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