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STATE v. ONKEN

No. 24807.

757 N.W.2d 765 (2008)

2008 SD 112

STATE of South Dakota, Plaintiff and Appellee, v. Kasey L. ONKEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 12, 2008.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Frank Geaghan, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Bryan T. Andersen, Pennington County Public Defender's Office, Rapid City, South Dakota, Attorneys for defendant and appellant.

SABERS, Justice.

[¶ 1.] Kasey L. Onken was prosecuted for five counts of criminal pedophilia and, in the alternative, five counts of sexual contact with a child under sixteen. He was found guilty of one count of sexual contact with a child under sixteen. During trial, Onken questioned witnesses about V.B., a witness the defense believed did not exist, and discovered that V.B. does in fact exist. Onken requested a continuance for time to interview V.B. to gather...

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