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Lindstrom v. State

Supreme Court of Wyoming

March 9, 2016

MICHAEL ALLAN LINDSTROM, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

          Appeal from the District Court of Johnson County. The Honorable William J. Edelman, Judge.

         For Appellant: Office of the State Public Defender: Diane M. Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel.

         For Appellee: Peter K. Michael, Attorney General; David L. Delicath, Deputy Attorney General; Christyne M. Martens, Senior Assistant Attorney General; Caitlin F. Young, Assistant Attorney General.

         Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.

          OPINION

Page 897

          BURKE, Chief Justice.

          [¶1] Appellant, Michael Allan Lindstrom, challenges the district court's denial of his motion for a new trial. We affirm.

         ISSUE

          [¶2] Appellant presents the following issue: Did the district court abuse its discretion in denying Appellant's motion for a new trial?

         FACTS

          [¶3] In 2013, Appellant was convicted of ten felonies for acts perpetrated against his ex-girlfriend, TR, their son, PR, and Appellant's six-year-old second cousin, CS. Lindstrom v. State, 2015 WY 28, ¶ ¶ 3-13, 343 P.3d 792, 794-96 (Wyo. 2015). With respect to the acts committed against TR and PR, TR testified at trial to the following events:

TR testified that Mr. Lindstrom came to her home in June 2012. They sat on the couch making small talk and watching PR play. Mr. Lindstrom asked TR if they could be in a relationship again, TR said no and he asked if he could at least " get a piece of ass." She again said no and Mr. Lindstrom called her a bitch. TR took PR to his room and Mr. Lindstrom followed. PR began to show Mr. Lindstrom his room and his toys. After watching them for a few minutes, TR left them alone.
TR came back to the room about thirty minutes later when she heard PR say, " I don't want to do that." The door was shut, she opened it and she saw Mr. Lindstrom and PR in PR's bed. TR testified that it looked like Mr. Lindstrom was pulling up his pants and PR's pants. She asked them what they were doing and Mr. Lindstrom said they were watching a movie. PR ran to her and grabbed hold of her waist. He was trembling. She picked him up and he whispered in her ear that Mr. Lindstrom had made him touch his penis and pretend it was a Popsicle. She asked Mr. Lindstrom what he had done and he denied doing anything. They argued and she told Mr. Lindstrom that he needed to leave.
TR threatened to call the police and, carrying PR, headed to her bedroom to get her cell phone. She made it to the bathroom, put PR down and told him to go in the bathroom and lock the door. Mr. Lindstrom followed her, grabbed her around the throat and said if she told anyone he would kill her. He shoved her against the wall and told PR to open the bathroom door. PR complied and Mr. Lindstrom told TR to go into the bathroom. Mr. Lindstrom made TR perform fellatio on him and then told her to touch PR's penis. She refused and he slapped her. She hit him in the face and he began pulling down her pants and underwear. He grabbed PR's hand and told him to touch her. She pushed PR's hand away. Mr. Lindstrom forced her head down onto his penis. Then he held a Swiss army knife to her throat and told her to do the same thing to PR or he would kill her. After she complied, Mr. Lindstrom made TR and PR get into the shower and he urinated on TR. Mr. Lindstrom then got dressed and stepped out of the bathroom. TR locked the door. Mr. Lindstrom

Page 898

pounded on the door, cussing and yelling that he was going to kill TR. Finally, Mr. ...

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