State v. Galati

MORGAN, Justice.

A jury convicted Charles Galati (Galati) on one count of attempted rape in the first degree, pursuant to SDCL 22-22-1(3) and SDCL 22-4-1(4). Galati was sentenced to ten years in the South Dakota State Penitentiary, with six years conditionally suspended. He appeals from the judgment of conviction and we reverse and remand.

Galati, 25-years-old, and the victim, 16-years-old, were guests at a “senior class” party. The victim became intoxicated and passed out in the living room. She was taken to a bedroom where she could rest undisturbed. The host and a guest later went to the…