Stout

This is an appeal from a judgment convicting Robert Earl Stout of the misdemeanor of possessing and exhibiting obscene matter in violation of section 311.2, subdivision (a), of the Penal Code.

Appellant stipulated in the trial court that the film exhibited by him is “obscene according to the latest expression of the California Supreme Court and the United States Supreme Court.” The stipulation is amply supported by the record which shows that the film in question constituted hard core pornography. In view of appellant’s concession, and the fact that his contentions on appeal are directed at various alleged constitutional shortcomings of section 311.2, it is unnecessary to detail the depravities which appellant was exhibiting to the public.

Appellant invokes Stanley v. Georgia, 394 U.S. 557 [ 22 L.Ed.2d 542 , 89 S.Ct. 1243 ], in an attempt to invalidate section 311.2 of the Penal Code on the rationale that it is not “limited to commercial or public dissemination to non-consenting adults or to minors.” People v. Luros, 4 Cal.3d 84 [ 92 Cal.Rptr. 833 , 480 P.2d 633 ], rejects this argument. There is a constitutionally mandated difference between the commercial distribution…