A Rapid City man does not want his sex offender status used against him at his upcoming trial.
James Holtry, 51, faces 10 felony counts of possessing child pornography.
In August, police were called to the East North Street McDonalds where Holtry was allegedly viewing pictures of children on his computer.
He was sitting outside of the playland.
The children in the pictures were fully clothed.
His computer was seized by police and he was subsequently arrested in Sept. when child pornography was allegedly found on the computer's hard drive.
His attorney, Jay Davis says police unlawfully took Holtry's computer. Additionally, Davis is asking that the jury does not hear any reference to Holtry's status as a registered sex offender.
The state wants to charge him as a habitual offender.
Another hearing is set for Jan. 28.