State v. LinsonAnnotate this Case
Appellant appealed his conviction of five counts of possessing child pornography. Appellant argued (1) there was insufficient evidence to prove that he knowingly possessed child pornography; (2) S.D. Codified Laws 22-24A-3, the statute defining possession of child pornography, is unconstitutionally vague; and (3) he was convicted multiple times for a single act or course of conduct in violation of double jeopardy protections. The Supreme Court affirmed, holding (1) there was sufficient evidence for the jury to find that Appellant knowingly possessed the five images of child pornography for which he was charged; (2) there was no plain error for the court to notice with regard to the constitutionality of section 22-24A-3; and (3) there was no plain error for the court to notice with regard to double jeopardy.