Lindoff v. State, 120518 AKCA, A-12293

Docket Nº:A-12293
Opinion Judge:WOLLENBERG, JUDGE.
Party Name:NEWTON LINDOFF, Appellant, v. STATE OF ALASKA, Appellee.
Attorney:Appearances: Mark Lewis Nunn Sr., Nunn Law Firm, Fairbanks, for the Appellant. Diane L. Wendlandt, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Jahna Lindemuth, Attorney General, Juneau, for the Appellee.
Judge Panel:Before: Mannheimer, Chief Judge, and Allard and Wollenberg, Judges.
Case Date:December 05, 2018
Court:Court of Appeals of Alaska
 
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NEWTON LINDOFF, Appellant,

v.

STATE OF ALASKA, Appellee.

No. A-12293

Court of Appeals of Alaska

December 5, 2018

UNPUBLISHED See Alaska Appellate Rule 214(d)

Appeal from the Superior Court No. l JU-10-515 CI, First Judicial District, Juneau, Philip M. Pallenberg, Judge.

Appearances: Mark Lewis Nunn Sr., Nunn Law Firm, Fairbanks, for the Appellant.

Diane L. Wendlandt, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Jahna Lindemuth, Attorney General, Juneau, for the Appellee.

Before: Mannheimer, Chief Judge, and Allard and Wollenberg, Judges.

MEMORANDUM OPINION

WOLLENBERG, JUDGE.

Newton Lindoff appeals the superior court's dismissal of his application for post-conviction relief. Lindoff s application was based on the assertion that he received ineffective assistance of counsel in connection with the underlying criminal proceedings against him, in which he pleaded guilty to attempted second-degree sexual assault.

The superior court dismissed Lindoff s application for failing to state a prima facie case for relief. For the reasons explained in this opinion, we affirm the superior court's dismissal of Lindoff s post-conviction relief application.

Underlying facts and proceedings

In January 2008, Lindoff was indicted for attempted first-degree sexual assault, second-degree sexual assault, and two counts of first-degree burglary. The State's theory was that Lindoff entered the home of eighteen-year-old L.G. without permission and sexually assaulted her while she was passed out on a couch. When L.G. woke up to find Lindoff on top of her, she threw him off of her.

Lindoff fled, leaving behind his boots and coat. After the police responded, the police took possession of the abandoned coat and shoes, and they discovered mail with Lindoff s name on it in one of the coat pockets. When Lindoff appeared at his brother-in-law's home at 5:30 a.m., he was not wearing any coat or shoes.

L.G. identified Lindoff as her attacker. L.G. and Lindoff were long-time Hoonah residents; Lindoff was related to L.G.'s aunt, Josephine Lindoff, who lived across the street from L.G.

Josephine reported to police that someone had broken into her home in the early morning hours that same day (prior to the assault on L.G.). The intruder stole alcohol and let her dog out. Josephine believed that Lindoff was the intruder, and the second burglary count against Lindoff was based on this allegation. The stolen alcohol was later found in L.G.'s home.

The most serious charge against Lindoff was attempted first-degree sexual assault, a class A felony.[1] Because Lindoff had a prior conviction for a sexual felony, he faced a presumptive sentencing range of 30 to 40 years' imprisonment if convicted of this charge.[2]

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