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STATE v. SMILEY

No. 23027.

689 N.W.2d 427 (2004)

2004 SD 119

STATE of South Dakota, Plaintiff and Appellee, v. Travis Ewing SMILEY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 27, 2004.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Ann C. Meyer, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Manuel J. deCastro, Jr., John R. Hinrichs, Minnehaha County Public Defenders Office, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] Defendant, Travis Smiley, was convicted by a jury of two counts of first degree rape, as defined in SDCL 22-22-1(1). The convictions both stem from his sexual penetration of a child, L.D. The first incident occurred at the home of defendant's parents in Sioux Falls, on December 22, 2001, when the child was seven. The second happened in the same residence on April 12, 2002. After his trial, defendant admitted his conviction of a prior...

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