State v. Koseck

OPINION

The district court granted a motion to dismiss one count of a criminal information charging lewdness with a child under the age of fourteen years. The court concluded that the state could not charge appellant both with lewdness and with sexual assault based on the same act of sexual penetration. We conclude that the court erred and therefore reverse and remand.

FACTS

On April 28, 1995, the state charged appellant Joshua James Koseck by information with three alternative counts: count I, sexual assault of a child under the age of fourteen years, a felony; count II, lewdness with a child…