Flynt v. State

While I concur and agree with all that is said in Divisions 2,3,4,5,6,7 and Sections I and II of Division 1 of the majority opinion, exception must be taken as to some of the conclusions contained in Section IH of Division 1. Additionally, I would like to comment on the holding in Division 4.

I

Comparable Evidence

The majority opinion in subsections (a), (b), (c) and (d) of Section III, of Division 1, concludes that the proffered evidence as to similarity and acceptance of alleged comparable evidence in determining contemporary community standards was insufficient. Thus we do not reach the…