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State v. Meeks

The trial court properly sustained the defendant's demurrer to Counts 1 and 2-electronically furnishing obscene material to a minor-since the state failed to explain why the investigating officer was unable to ascertain the dates the defendant allegedly sent nude photographs to the victim's computer.

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Casey Jacob Meeks was charged by accusation with electronically furnishing obscene material to a minor, contributing to the delinquency of a minor, three counts of possession of drugs not in the original container, four counts of possession of a dangerous drug, six counts of theft by taking, and six counts of theft by deception. Meeks specially demurred to all 21 counts, and the trial court sustained the demurrer as to furnishing obscene material, contributing to delinquency, the three counts of possession of drugs not in the original container, five counts of theft by taking, and five counts of theft by deception. The trial court overruled the demurrer as to the four counts of possession of a dangerous drug and one count each of theft by taking and theft by deception. In Case No. A11A0698, the State appeals from that portion of the order sustaining the special demurrer as to fifteen counts. In Case No. A11A0699, Meeks appeals from the overruling of the special demurrer as to the remaining six counts. In Case No. A11A0698, we affirm in part because the trial court correctly sustained the demurrers as to Counts 1, 2, 14, and 17 through 20, but reverse in part because the trial court erred in sustaining the demurrer as to Counts 11 through 13, theft by taking. In Case No. A11A0699, we affirm in part because the trial court correctly denied the special demurrer to Counts 6 through 10, but reverse in part because the trial court should have sustained the demurrer as to Count 16, the single remaining count of theft by deception.

Case No. A11A0698

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