State v. Tovar

OPINION

EUBANK, Judge.

Following a jury trial, appellant was found guilty on two counts of an indictment charging him with the sale of obscene items in violation of A.R.S. § 13-532(A)(2) and (B), (now § 13-3502). The items consisted of a film entitled “SWEDISH EROTICA # 6 WET AND WILD” (Count II), and a magazine entitled “GET DOWN WITH 3” (Count III). He was acquitted of a further Count charging him with the exhibition of an obscene film. The trial judge suspended appellant’s sentence and placed him on probation for three years on condition that he serve two months’ confinement in the county…