STATE v. CATES

No. 21450.

632 N.W.2d 28 (2001)

2001 SD 99

STATE of South Dakota, Plaintiff and Appellee, v. Kenneth CATES, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 25, 2001.


Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Patricia Archer, Assistant Attorney General, Pierre, SD, Attorneys for plaintiff and appellee.

Kevin Lewis, Pennington County Public Defender's Office, Rapid City, SD, Attorney for defendant and appellant.


KONENKAMP, Justice

[¶ 1.] Can a sex abuse perpetrator be convicted of both rape and criminal pedophilia for multiple acts of sexual penetration committed in the same period? The defendant contends that because the acts occurred in the course of one evening, multiple punishments for these acts constitute double jeopardy. We conclude that because there were at least two acts of sexual penetration, the two convictions were proper. In addition, the defendant appeals...

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