State v. Koseck

OPINION

This is an appeal by the state from an order of the district court granting respondent’s motion to dismiss one of three counts of a criminal information.

*245Respondent, Joshua James Koseck, was charged by information with one count of sexual assault on a child under fourteen, one count of lewdness with a child under fourteen, and one count of statutory sexual seduction, each charged in the alternative. Respondent filed a pretrial motion to dismiss Count II, the lewdness count, on the ground that it was mutually exclusive of the sexual assault charge. The state opposed the motion. The…