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STATE v. LAFFERTY

No. 23772.

716 N.W.2d 782 (2006)

2006 SD 50

STATE of South Dakota, Plaintiff and Appellant, v. Joseph A. LAFFERTY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 14, 2006.

Attorney(s) appearing for the Case

Glenn A. Brenner, Pennington County State's Attorney, Jennifer B. Utter, Deputy Pennington County State's Attorney, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Paula D. Camp of Pennington County Public Defender's Office, Rapid City, South Dakota, Attorneys for defendant and appellee.

MEIERHENRY, Justice.

[¶ 1.] This case involves a claim of double jeopardy. After a jury acquitted Joseph Lafferty (Lafferty) of second-degree rape, the State of South Dakota charged him with third-degree rape. Both charges were based on the same alleged incident. The trial court concluded that the third-degree rape charge violated double jeopardy and dismissed the charge. The State appeals. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

[¶...

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