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STATE v. JACKSON

#28800.

949 N.W.2d 395 (2020)

2020 S.D. 53

STATE of South Dakota, Plaintiff and Appellee, v. Roger L. JACKSON, Defendant and Appellant.

Supreme Court of South Dakota.

OPINION FILED September 16, 2020.

Attorney(s) appearing for the Case

JASON R. RAVNSBORG , Attorney General, SARAH L. LARSON , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

ALECIA E. FULLER of Pennington County Public Defender's Office, Rapid City, South Dakota, Attorneys for defendant and appellant.

[¶1.] A jury found Roger Jackson guilty of third-degree rape in violation of SDCL 22-22-1(3), which makes it a crime for any person to sexually penetrate a victim incapable of giving consent because of physical or mental incapacity. Jackson appeals, contending that the State violated his right to due process by failing to...

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