{"id":80420,"date":"2018-02-14T15:19:17","date_gmt":"2018-02-14T23:19:17","guid":{"rendered":"http:\/\/theavtimes.com\/?p=80420"},"modified":"2018-02-16T15:27:21","modified_gmt":"2018-02-16T23:27:21","slug":"convicted-murderers-conviction-upheld-on-sex-related-charges-new-sentencing-hearing-ordered","status":"publish","type":"post","link":"https:\/\/theavtimes.com\/2018\/02\/14\/convicted-murderers-conviction-upheld-on-sex-related-charges-new-sentencing-hearing-ordered\/","title":{"rendered":"Convicted murderer’s conviction upheld on sex-related charges, new sentencing hearing ordered"},"content":{"rendered":"
\"\"
Arthur Eugene Lindsey (Image courtesy Megan’s Law website)<\/figcaption><\/figure>\n

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.<\/p>\n

A three-justice panel from California’s 2nd District Court of Appeal found that the evidence of Arthur Eugene Lindsey’s<\/strong> guilt was “overwhelming.”<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

He was sentenced in April 2015 to more than 102 years to life in state prison.<\/p>\n

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.<\/p>\n

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<\/strong>.<\/p>\n

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.<\/p>\n

Lindsey had been released from prison after serving more than three decades behind bars for Zink’s killing.<\/p>\n

Previous related stories:<\/p>\n

75-year-old man gets 100+ years for raping unconscious victim<\/em><\/a><\/p>\n

Convicted murderer found guilty of raping unconscious victim<\/em><\/a><\/p>\n

–<\/p>\n","protected":false},"excerpt":{"rendered":"

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 […]<\/p>\n","protected":false},"author":70,"featured_media":60418,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"categories":[719,10],"tags":[],"_links":{"self":[{"href":"https:\/\/theavtimes.com\/wp-json\/wp\/v2\/posts\/80420"}],"collection":[{"href":"https:\/\/theavtimes.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/theavtimes.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/theavtimes.com\/wp-json\/wp\/v2\/users\/70"}],"replies":[{"embeddable":true,"href":"https:\/\/theavtimes.com\/wp-json\/wp\/v2\/comments?post=80420"}],"version-history":[{"count":0,"href":"https:\/\/theavtimes.com\/wp-json\/wp\/v2\/posts\/80420\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/theavtimes.com\/wp-json\/wp\/v2\/media\/60418"}],"wp:attachment":[{"href":"https:\/\/theavtimes.com\/wp-json\/wp\/v2\/media?parent=80420"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/theavtimes.com\/wp-json\/wp\/v2\/categories?post=80420"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/theavtimes.com\/wp-json\/wp\/v2\/tags?post=80420"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}