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STATE v. MUHM

No. 24681.

775 N.W.2d 508 (2009)

2009 SD 100

STATE of South Dakota, Plaintiff and Appellee, v. Thomas MUHM, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 18, 2009.

Attorney(s) appearing for the Case

Marty J. Jackley, Attorney General, Meghan N. Dilges, Assistant Attorney General, Pierre, South Dakota, for plaintiff and appellee.

Timothy J. Rensch, Rensch Law Office, Rapid City, South Dakota, for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Thomas Muhm was convicted of all five counts in an indictment alleging: one count of attempted first degree rape, one count of first degree rape, two counts of sexual contact with a child under sixteen, and one count of criminal pedophilia. The charges arose from allegations of weekly sexual abuse of two boys over several years. Muhm appeals arguing that: (1) the counts were multiplicitous and duplicitous in violation of due process and...

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