State v. Calle

At issue in this case is whether the Defendant’s convictions for first degree incest and second degree rape violate the Fifth Amendment’s protection against double jeopardy because they arose from a single act of intercourse.

Facts

James Calle, hereafter referred to as the Defendant, was originally charged with committing second degree rape by forcibly engaging in sexual intercourse with "K” on February 14, 1992. The prosecutor subsequently charged the Defendant with an additional count of first degree incest based on the same incident. The amended information alleged that "K” is the…