Gerbert v. State

While I concur fully in the majority’s opinion, I write separately to address Gerbert’s argument that the evidence was insufficient to sustain his conviction for possessing sexually explicit photographs of A. W. As discussed by the majority in Division 2 (b) (i), Gerbert relies upon Barton v. State7 to argue that the evidence was insufficient to sustain this conviction because the relevant images were located in hidden files.

I agree with the majority that the instant case is readily distinguishable from Barton. And I write separately to make clear that a conviction for possession of child…