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STATE v. RAYMOND

Nos. 18921, 18995.

540 N.W.2d 407 (1995)

STATE of South Dakota, Plaintiff and Appellee, v. Roger Allen RAYMOND, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 29, 1995.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Grant Gormley, Assistant Attorney General, Pierre, for plaintiff and appellee.

Richard L. Russman of Rice and Ewinger, Aberdeen, for defendant and appellant.

AMUNDSON, Justice.

Roger Raymond (Raymond) appeals both his conviction for sexual contact with a minor (SDCL 22-22-7)1 and his sentence, which was enhanced under the South Dakota Habitual Offender statute (SDCL 22-7-8).2 We reverse and remand.

FACTS

Raymond is the uncle of A.Z. (victim). On September 4 or 5, 1993, the seven-year-old victim told D.S. (Mother) that Raymond had "touched her....

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