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STATE v. KARLEN

No. 20299.

589 N.W.2d 594 (1999)

1999 SD 12

STATE of South Dakota Plaintiff and Appellee, v. Trey L. KARLEN, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned December 16, 1998.

Decided February 3, 1999.

Rehearing Denied March 11, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Clyde R. Calhoon, Brookings County State's Attorney, Brookings and William Mark Kratochvil, Brookings County Deputy State's Attorney, Brookings, for plaintiff and appellant.

David R. Gienapp of Arneson, Issenhuth & Gienapp, Madison, for defendant and appellant.

James F. Sheklteon, General Counsel, South Dakota Board of Regents, Pierre, for Amicus Curiae South Dakota Board of Regents.

GILBERTSON, Justice (on reassignment).

[¶ 1.] Karlen appeals his conviction of two counts of second degree rape, three counts of unauthorized distribution of a substance with moderate potential for abuse and three counts of sexual contact without consent with person capable of consenting. We affirm as to issues one, two and four and reverse and remand with instructions as to issue three.

FACTS

[¶ 2.] Trey Karlen was business manager and...

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