# Culver v. State

> Court of Criminal Appeals of Alabama · May 30, 2008 · 22 So. 3d 499

URL: https://www.frixlaw.com/law-library/cases/9651991

## Case

- **Full name:** Brian Scott CULVER v. STATE of Alabama
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** May 30, 2008
- **Citations:** 22 So. 3d 499; 2008 Ala. Crim. App. LEXIS 107; 2008 WL 2223077
- **Precedential status:** Published
- **Opinion:** Concurring in part by Baschab
- **Judges:** McMillan, Shaw, Welch, Wise, Baschab
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9651991

## How later opinions describe it (automated extraction)

- finding that the unit of prosecution was the single act of possession regardless of how many items were actually possessed

## Opinion text

BASCHAB, Presiding Judge,
concurring in part and dissenting in part.
I disagree with the majority’s conclusion that “Culver committed only a single criminal act when he possessed both forms of obscene material.” 22 So.3d at 515. I cannot believe that the Legislature envisioned such a result. Even though they may have been produced during the same incident and depict the same incident, the obscene materials were in very different forms and involved very different modes of production. Also, they were stored in different locations. Therefore, the jury reasonably concluded that he was guilty of two separate counts of possession of obscene matter. Accordingly, I dissent as to Part II of the majority opinion and the *530 parts related thereto and concur as to the remainder of the opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9651991. Public record. Not legal advice.