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FOR PUBLICATION

ATTORNEY FOR APPELLANT: V. MICHAEL DRAYTON Sallwasser and McCain LaPorte, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
PHILLIP D. LOGAN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 46A03-0502-CR-50

APPEAL FROM THE LAPORTE CIRCUIT COURT The Honorable Robert W. Gilmore, Jr., Judge Cause No. 46C01-0307-FC-91

October 31, 2005

OPINION - FOR PUBLICATION

BAILEY, Judge

Case Summary Appellant-Defendant Phillip D. Logan ("Logan") appeals the trial court's order denying his motion to dismiss and motion for discharge. We affirm. 1 Issues Logan raises two issues, which we restate as: I. Whether Indiana Code Section 35-42-4-4 unconstitutionally infringes upon Logan's free speech rights provided by the federal and Indiana constitutions; Whether the trial court erred in denying Logan's motion for discharge under Indiana Criminal Rule 4(C). Facts and Procedural History The State charged Logan with Child Exploitation, a Class C felony,2 and Possession of Child Pornography, a Class D felony, 3 based upon Logan's alleged viewing of child pornography on a computer at LaPorte Fire Station #1. According to the probable cause affidavit, police were able to locate twenty-seven pictures of "naked children, under the age of 16," on the computer, including a picture "which depicts 2 small girls, under the age of 16, sitting naked on a chair, posing for a picture, with the focus on their genitala [sic] area." Appellants' App. at 3. Logan was arrested on August 4, 2003, and he requested a speedy trial. The trial court scheduled a jury trial for June 7, 2004. On August 14, 2003, Logan filed a motion for discovery requesting production of the computer program the State used to discover evidence on the computer. The State failed to
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II.

We hereby deny Logan's motion for oral argument. Ind. Code

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