State v. Cates

[¶ 1.] Can a sex abuse perpetrator be convictéd of both rape and criminal pedophilia for multiple acts of sexual penetration committed in the same period? The defendant contends that because the acts occurred in the course of one evening, multiple punishments for these acts constitute double jeopardy. We conclude that because there were at least two acts of sexual penetration, the two convictions were proper. In addition, the' defendant appeals on several other grounds, including (1) the admission of hearsay evidence under SDCL 19-16-38; (2) the denial of a motion for a psychiatric exam of…