STATE v. GONZALEZ

No. 21469.

624 N.W.2d 836 (2001)

2001 SD 47

STATE of South Dakota, Plaintiff and Appellee, v. David GONZALEZ, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 18, 2001.


Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Gary Campbell, Assistant Attorney General, Pierre, SD, Attorneys for plaintiff and appellee.

Larry M. Von Wald of Truhe, Beardsley, Jensen, Helmers & Von Wald, Rapid City, SD, Attorneys for defendant and appellant.


AMUNDSON, Justice.

[¶ 1.] David Gonzalez appeals his conviction of two counts of attempted statutory rape. We reverse.

FACTS

[¶ 2.] In 1998, B.H., who was approximately twenty-one years old at the time of trial, filed a criminal complaint against David Gonzalez involving incidents she alleged to have occurred in 1993. At the time of the alleged assaults, she worked as a hostess and bus person...

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