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OWNER OF ST. GEORGE SHOP APPEALS OBSCENITY CONVICTION

SHARE OWNER OF ST. GEORGE SHOP APPEALS OBSCENITY CONVICTION

The owner of a rock music and magazine shop has filed notice with the Utah Court of Appeals challenging his 5th Circuit Court conviction for violating St. George's obscenity ordinance.

Brent Allen Turner, doing business as Blitz Action Trauma, notified the appellate court on Monday that he is appealing his Sept. 25 conviction. He also submitted an application for certificate of probable cause to stay execution of a $300 fine imposed on him.The notice states the appeal will be based on constitutional issues and on matters relating to the prosecution's burden of proof in obscenity cases.

The circuit court jury found that spray-painted sheets in Turner's place of business - a storage unit east of Pine View High School - contained obscene language and pictures.

Turner was convicted of a Class B misdemeanor.

City officials argued the jury correctly applied the community standard as provided under U.S. Supreme Court guidelines.

But Turner's defense attorney, Alan Boyack, argued the spray-painted sheets contained political and literary statements and should have had First Amendment protection.