People v. Sedelsky

Defendant was convicted of three counts of possession of child pornography, with sentences of five years for each conviction, to run concurrently. One conviction must be vacated, as two counts were based on possession of an identical image stored in the same digital medium; facts showed only that image was saved twice to same medium and at nearly the same point in time. Child pornography statute is unclear as to whether same image stored in same digital medium can constitute a separate offense, and thus multiple convictions of possessing same photo cannot stand under one-act, one-crime doctrine. (BIRKETT and SPENCE, concurring.)