P. v. Lindsey CA2/7
Defendant Arthur Eugene Lindsey was convicted by a jury of multiple sexual offenses, including rape and oral copulation of an unconscious person. The trial court sentenced Lindsey to 50 years to life plus an additional determinate term of 52 years and four months.
Lindsey contends the trial court erred by denying his post-verdict Marsden motion and argues the court’s instructional errors require reversal. In addition, Lindsey claims the trial court erred by finding that both of his prior Indiana convictions qualified as serious or violent felonies for purposes of the three strikes law. He also argues the court erred by imposing multiple serious felony enhancements on his determinate and indeterminate sentences. We find no Marsden or instructional error but agree the sentence was erroneous. Consequently, while we affirm the judgment of conviction, we vacate the sentence and remand for resentencing.
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