LOS ANGELES – A state appeals court panel Wednesday upheld a convicted murderer’s conviction for sexually assaulting a woman who was found drugged in a trailer park in Agua Dulce, but ordered a new sentencing hearing for him.
A three-justice panel from California’s 2nd District Court of Appeal found that the evidence of Arthur Eugene Lindsey’s guilt was “overwhelming.”
A state parole officer discovered Lindsey sexually assaulting the woman — who was passed out — during a surprise parole check at Lindsey’s trailer in June 2013, according to Deputy District Attorney Jon Hatami.
The 29-year-old woman acknowledged that she had consumed alcohol Lindsey gave her after he offered her a ride in his BMW, but said she hadn’t taken amphetamines, opiates and benzodiazpenes that were found in her system, the prosecutor said.
In February 2015, a jury in Lancaster convicted Lindsey, then 75, of nine felony counts, including rape of an unconscious person, oral copulation of an unconscious person, sexual penetration by a foreign object and possession of a firearm by a felon. Jurors acquitted Lindsey of a misdemeanor charge of obstructing or delaying a peace officer.
He was sentenced in April 2015 to more than 102 years to life in state prison.
But the appellate court panel agreed with the defense’s contention that his sentence was erroneous and ordered the case to be sent back for re- sentencing.
The justices noted in their 36-page ruling that the trial judge sentenced Lindsey on two of the counts — rape by use of drugs — as a third-strike offender based on his convictions in Indiana for first-degree murder and first-degree murder in the perpetration of a rape involving the Nov. 14, 1964, killing of Julia K. Zink.
The appellate court panel noted that Lindsey was “convicted only for murder involving a single victim” and that “he could only murder the victim once,” finding that the two convictions must be treated as a single strike, not two strikes.
Lindsey had been released from prison after serving more than three decades behind bars for Zink’s killing.
Previous related stories:
75-year-old man gets 100+ years for raping unconscious victim
Convicted murderer found guilty of raping unconscious victim
–
Test says
Serious really…hang this pos wtf is wrong with society…repeat offender…30 years in prison didnt rehabilitate this crazy [removed]
No Ophra says
Yet the liberals , Democrats and Antifa/Terrorists want to release them early along with other Violent Felons. Thanks Jerry Brown and your homies for destroying California #NotMyGovenor
Newman says
Not My Governor!
Damn Libtards.
Tim Scott says
I recommend Brownback…head for Kansas…you should fit in so much better…it’s full of reactionaries avoiding reality.
Bob says
Ex-convict and liberal Tim Scott has spoken………………..again.
Tim Scott says
And Bob has spoken…about, what else, me. Find a hobby, Bob, find a hobby.
ohWell.. says
Ya ever wonder if some guys just cant resist sexual pleasure? maybe some guys are just too old or ugly or poor, but they want sex so badly they turn to crime….