STATE v. DILLON

No. 21308.

632 N.W.2d 37 (2001)

2001 SD 97

STATE of South Dakota, Plaintiff and Appellee, v. Farrell DILLON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 25, 2001.


Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Michele K. Bennett, Assistant Attorney General, Pierre, SD, Attorneys for plaintiff and appellee.

Lelia L. Hood, Pierre, SD, Attorney for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] A jury found the defendant guilty on five counts of first degree rape and three counts of criminal pedophilia. In three instances, the same act of sexual penetration resulted in convictions for both pedophilia and rape. We conclude that a conviction on each offense for the same act violated the double jeopardy prohibitions in the United States and South Dakota Constitutions. We affirm in part...

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