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In an attempt to have the charge thrown out, 3rd District Judge Stephen Henroid ruled that it didn't matter that Gallegos showed up at the meeting site and that the crime was completed over the Internet.

During oral arguments Wednesday, justices differed as to whether Gallegos' conversation could convict him.

Justice Matthew Durrant said he wondered if the case depended on whether or not Gallegos believed this was a minor.

"If a person tells you they're a minor you'd better log off," Durham said.

Typically, state agents will try to get the suspect to show up at a pre-arranged location and time in order to prove legal intent.

Gallegos is also taking issue with a judge's denial of an expert witness, a doctor who would testify that Gallegos was not attracted to minor girls and was therefore not a pedophile.

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While Gallegos did drive by the meeting spot, officers said he sped off.

"He definitely did more than just chat," said Chief Justice Christine Durham.

"He set up a meeting and showed up at the scene." The statute states a person must believe that the person they are chatting with is a minor.

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Slemp said the district attorneys office had requested the same bail for the two, but, General Sessions Judge Amanda Sammons set the bails as they currently stood.

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