Opinion
CR–12–1513.
2014-05-2
James Samuel Norton KEPNER v. STATE of Alabama.
Appeal from Randolph Circuit Court (CC–12–244); Ray D. Martin, J. Sara Gottlieb Bragdon, Roanoke, for appellant. Luther Strange, atty. gen., and Jean A. Therkelsen, asst. atty. gen., for appellee.
Appeal from Randolph Circuit Court (CC–12–244); Ray D. Martin, J.
Sara Gottlieb Bragdon, Roanoke, for appellant. Luther Strange, atty. gen., and Jean A. Therkelsen, asst. atty. gen., for appellee.
WINDOM, Presiding Judge.
AFFIRMED BY UNPUBLISHED MEMORANDUM. WELCH and BURKE, JJ., concur.
KELLUM, J., concurs in the result.
JOINER, J., concurs in part; dissents in part, with opinion.
JOINER, Judge, concurring in part and dissenting in part.
Except as to James Samuel Norton Kepner's conviction for unlawful possession of child pornography, see§ 13A–12–192, Ala.Code 1975, I concur with the Court's decision to affirm, by unpublished memorandum, Kepner's convictions. Kepner's conviction for unlawful possession of child pornography was based, in part, on an erroneously admitted report of forensic testing and images retrieved from Kepner's cellular telephone as a result of that forensic testing. I disagree with the Court's conclusion that this error was harmless beyond a reasonable doubt; therefore, I respectfully dissent as to the affirmance of that conviction.