State v. Carrolton

¶ 1. The State appeals from an interlocutory order of the criminal division of the superior court granting defendant’s motion to merge into a single count the two counts of lewd and lascivious conduct charged by the State. Relying on State v. Perrillo, 162 Vt. 566, 649 A.2d 1031 (1994), which involved facts very similar to this case, the trial court ruled that because the alleged offensive touching occurred continuously without any intervening act over a short period of time, the State could not charge defendant with multiple counts of lewd and lascivious conduct. Recognizing that our holding…