Crosby v. State
Docket: No. 2D98-2573
Court: District Court of Appeal of Florida; May 10, 2000; Florida; State Appellate Court
Karl Crosby's appeal regarding his judgment and sentence for possession of child pornography is affirmed. He was convicted of 68 counts of simple possession under Florida Statutes section 827.071(5), which states that each article of child pornography constitutes a separate offense. Crosby argued that it was erroneous to charge him with multiple counts based on several copies of the same image; however, the statute's language and legislative history indicate that such multiple convictions are permissible. The amendment to subsection (5) explicitly supports this interpretation, stating that possession of each item is a distinct offense. In contrast, section 827.071(4) prohibits possession with intent to promote child pornography, where possessing three or more copies of the same article during a single incident can only lead to one count of this offense. This distinction is underscored by the wording differences in the statutes. Ultimately, the court reaffirms that Crosby was correctly charged and convicted under the relevant statute for simple possession, leading to the final decision to uphold the judgment and sentence.