State v. Hernandez

GILBERTSON, Chief Justice.

[¶ 1.] A Minnehaha County jury convicted Jeremías Hernandez on six counts of child rape — SDCL 22-22-1(1), and six counts of sexual contact with a minor— SDCL 22-22-7. Some counts within the indictment were phrased identically. Hernandez contends the evidence was insufficient to show six sexual penetrations and to establish the county where three of the child rape counts occurred. Hernandez also asserts that the identically phrased counts deprived him of due process. Specifically, he argues that the identically phrased counts subjected him to multiple punishments for…