STATE v. ROSE

A176443.

555 P.3d 336 (2024)

334 Or. App. 66

STATE of Oregon, Plaintiff-Respondent, v. Gary Lee ROSE, Defendant-Appellant.

Court of Appeals of Oregon.

July 31, 2024.


Attorney(s) appearing for the Case

Morgen E. Daniels, Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest J. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Jennifer S. Lloyd, Assistant Attorney General, Salem, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Aoyagi, Presiding Judge, and Pagan, Judge, and Jacquot, Judge.


In 2011, while executing a search warrant on defendant's cellphone, a police officer discovered sexually explicit photos and videos of a child, E, on a micro-SD memory card inside the phone. Defendant was subsequently tried and convicted of various crimes, after a trial at which the images from the SD card were admitted into evidence...

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