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People v. Garelick, H030976

Conviction for attempted lewd or lascivious act on a child under 14, attempted distribution or exhibition of harmful matter to a minor, and possession of child pornography is affirmed over claims that: 1) trial court committed a number of errors in its instructions to the jury; and 2) conviction for attempting to send harmful matter over the Internet must be reversed because it constituted a state regulation in violation of Commerce Clause and First Amendment right of free speech.

Appellate Information

  • Decided 04/08/2008
  • Published 04/08/2008


  • PREMO, J.


  • California Court of Appeal


  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Supervising Deputy Attorney General, Jeffrey M. Laurence, Deputy Attorney General, for Plaintiff and Respondent., Carl A. Gonser, under appointment by the Court of Appeal, for Defendant and Appellant.
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