A three-judge state Superior Court panel has upheld the conviction and state prison sentence of a Shenandoah man who indecently assaulted an unconscious teenage girl in July 2009.
In a three-page opinion filed Friday in Pottsville, the panel ruled that Justin Lindenmuth, 29, was properly convicted by a jury and sentenced by county Judge, now Senior Judge, D. Michael Stine.
As a result, Lindenmuth must stay in state prison and then serve a term of probation.
In a one-day trial presided over by Stine, a jury convicted Lindenmuth of indecent assault and corruption of minors, while acquitting him of a second indecent assault charge.
Shenandoah police charged Lindenmuth with assaulting the 16-year-old girl July 14, 2009, in the borough.
Stine sentenced Lindenmuth on May 11, 2010, to serve 15 to 48 months in a state correctional institution, followed by three years on probation, and ordered that he be subject to Megan's Law sanctions for 10 years after his release from prison. Lindenmuth currently is incarcerated at SCI/Albion, Erie County.
Writing the panel's opinion, Judge Anne E. Lazarus wrote that even though the jury's conviction of Lindenmuth on one count of indecent assault based on the victim being unconscious, and its acquittal of him on a second count based on the victim's lack of consent, might be inconsistent, that is not a reason to overturn the verdict.
As long as the evidence is sufficient to support the conviction, a court should not reverse the verdict, Lazarus wrote. The law permits inconsistent verdicts, according to Lazarus.
Judge Christine Donohue and Senior Judge James J. Fitzgerald III, the other panel members, concurred with Lazarus' opinion.
Defendant: Justin Lindenmuth
Age: 29
Residence: Shenandoah
Crimes committed: Indecent assault and corruption of minors
Prison sentence: 15 to 48 months in a state correctional institution, followed by three years on probation, and 10 years of Megan's Law sanctions
