State v. Raymond

AMUNDSON, Justice.

Roger Raymond (Raymond) appeals both his conviction for sexual contact with a minor (SDCL 22-22-7) 1 and his sentence, which was enhanced under the South Dakota Habitual Offender statute (SDCL 22-7-8). 2 We reverse and remand.

FACTS

Raymond is the uncle of A.Z. (victim). On September 4 or 5, 1993, the seven-year-old victim told D.S. (Mother) that Raymond had “touched her.” Mother did not report this incident to anyone. Victim told her therapist, Patty Schwan (Schwan), about this same incident on September 7, 1993. Victim was receiving counseling from Schwan for many reasons,…