![]() ![]() remarked that this had occurred on another occasion when she spent the night on K.D.’s birthday. said that Dillon had tried to put “his private in her private.” She also told Fox that “it hurt, felt gross, felt sickening.” L.R. explained that she had not lied and that Dillon had touched her, L.R. would only say that Dillon “did sex” with the three girls and would not speak further with Fox or Horan. indicated that Dillon’s penis contacted L.R.’s genitalia and that he touched N.R. had stayed overnight and consistently said that L.R. “was very reluctant to talk to us.” She described K.D.’s diffident response to questions about sexual contact: “When we would say those terms, she would almost go into the fetal position, covering up her entire face but one eye.” Horan contrasted the child’s earlier demeanor when she first entered the interview room: she was happy, upbeat, and friendly. that she wanted to talk about some things N.R. Detective Sue Fox along with Deb Horan of the Department of Social Services first interviewed eight-year-old K.D. had brought her into Dillon’s bedroom and that “he did it.” N.R. L.R., on the other hand, said she was in another room when it happened to N.R. Officer Coffield then spoke with N.R., who confirmed that these acts took place in Dillon’s bedroom. told the officer that it also happened to her sister and K.D. explained that this happened in Dillon’s bedroom and that K.D. She reported that K.D.’s father “put his thing in mine.” L.R. Coffield learned that the school party occurred on September 11, 1998. responded that on the night of the school party Dillon had “tried to put his thing in ” when she and her sister spent the night. The next day, the mother asked her eight-year-old daughter, N.R., what was wrong with her sister. The mother thought this strange because L.R. began to cry, saying she did not want to go. if she would like to spend the night at K.D.’s home. and N.R’s mother asked seven-year-old N.R. He was charged with perpetrating these acts in his home against his daughter, K.D., and four of her friends, L.R., N.R., T.T., and S.R.B. Farrell Dillon, the defendant, stood trial on four counts of first degree rape and three counts of criminal pedophilia for conduct committed on July 10, 1998, and three counts of first degree rape and two counts of criminal pedophilia for conduct committed on September 11, 1998. We affirm in part, reverse in part, and remand for resentencing. We conclude that a conviction on each offense for the same act violated the double jeopardy prohibitions in the United States and South Dakota Constitutions. In three instances, the same act of sexual penetration resulted in convictions for both pedophilia and rape. A jury found the defendant guilty on five counts of first degree rape and three counts of criminal pedophilia. ![]()
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