State v. Stephens
Annotate this CaseDefendant pleaded guilty to two counts of possession of child pornography. As a condition of probation, Defendant was required to not possess or subscribe to any sexually stimulating material deemed inappropriate by probation officer. After finding Defendant violated his probation by visiting dating websites and possessing nude photographs, the trial court revoked Defendant's probation. On appeal, Defendant claimed that the special condition was unconstitutionally overbroad and vague on its face and unconstitutionally vague as applied to him, and that the evidence was insufficient to support the trial court's finding. The Supreme Court affirmed, holding (1) Defendant's claim of unconstitutional overbreadth failed because because he did not allege a violation of his First Amendment rights; (2) there was no merit to Defendant's vagueness claim, and his as-applied vagueness claim failed under State v. Golding and the plain error doctrine; and (3) there was sufficient evidence in the record to support the trial court's finding.
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