STATE v. KOSECK

No. 27308.

936 P.2d 836 (1997)

The STATE of Nevada, Appellant, v. Joshua James KOSECK, Respondent.

Supreme Court of Nevada.

April 24, 1997.


Attorney(s) appearing for the Case

Frankie Sue Del Papa, Attorney General, Carson City; Gary D. Woodbury, District Attorney, Elko County, for Appellant.

Brian D. Green, Elko, for Respondent.


OPINION

PER CURIAM:

The district court granted a motion to dismiss one count of a criminal information charging lewdness with a child under the age of fourteen years. The court concluded that the state could not charge appellant both with lewdness and with sexual assault based on the same act of sexual penetration. We conclude that the court erred and therefore reverse and remand.

FACTS

On April 28, 1995, the state charged...

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