State v. Land

¶1 — Appellant Clifford Land was charged with and convicted of one count of child molestation and one count of child rape, both involving the same child and the same charging period. He contends that to protect against a double jeopardy violation, the court should have instructed the jury that its verdict must be based on a separate and distinct act for each count. We agree the instruction should have been given, but the lack of it does not violate Land’s right to be free of double jeopardy because the record clearly demonstrates the State was not seeking to punish Land twice for the same…