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State v. Linder

Court of Appeal of Louisiana, Second Circuit

April 8, 2015

STATE OF LOUISIANA, Appellee
v.
JACOB WAYNE LINDER, Appellant

Page 1279

Appealed from the Fourth Judicial District Court for the Parish of Ouachita, Louisiana. Trial Court No. 11F1069. Honorable Bernard S. Leehy, Judge.

AFFIRMED.

LOUISIANA APPELLATE PROJECT, By: William R. Thornton, Counsel for Appellant.

JERRY L. JONES, District Attorney, NEAL G. JOHNSON, MICHELLE A. THOMPSON, Assistant District Attorneys, Counsel for Appellee.

Before STEWART, MOORE and PITMAN, JJ.

OPINION

Page 1280

[49,652 La.App. 2 Cir. 2] STEWART, J.

The defendant, Jacob Wayne Linder, was convicted of molestation of a juvenile, in violation of La. R.S. 14:81.2. He was sentenced to 10 years at hard labor. The defendant now appeals. For the reasons set forth in this opinion, we affirm.

FACTS AND PROCEDURAL HISTORY

On November 29, 2012, the defendant was charged via an amended bill of information[1] with molestation of a juvenile, M.G.,[2] in violation of La. R.S. 14:81.2 between March 1, 2008, and July 1, 2008, and forcible rape of M.G., in violation of La. R.S. 14:42.1(A)(1) between March 1, 2008, and July 1, 2008. The jury trial took place June 10-12, 2013, and the following facts were adduced from the witnesses' testimony:

In May of 2008, M.G., the victim, was 13 years old and in the eighth grade at Woodlawn Junior High School in West Monroe, Louisiana. Following a Wednesday night service at the Faith Chapel Pentecostal Church (" Faith Chapel" ) in the spring of 2008, M.G. went to dinner at an IHOP restaurant with a group of her church members, which included the defendant, and the defendant's wife, Keisha Linder (" Keisha" ). L.G., M.G.'s mother, entrusted the supervision of M.G. to the defendant and Keisha. The defendant and Keisha drove separate cars to the restaurant. After dinner, Keisha, who was pregnant at the time, wanted to take their one-year-old son home. The defendant volunteered to take M.G. home. During the car ride, the defendant started rubbing on her leg. M.G. asked him to stop, but the [49,652 La.App. 2 Cir. 3] defendant pulled over onto a dirt road, parked the truck, and continued trying to rub on her. The defendant moved over to the passenger side of the truck where M.G. was seated, pulled up her skirt, and removed her panties. M.G. yelled at the defendant to stop and tried to push him away. M.G. saw the defendant unzip his pants, and noticed that he was wearing a condom. M.G. testified that the defendant raped her. The defendant then exited the truck from the passenger side and locked the door so M.G. could not escape. He got back in the truck and drove her home. Before M.G. exited the truck, the defendant said, " I hope I didn't cross any boundaries." M.G. arrived home around midnight, and both of her parents were asleep.

The next day, the defendant and his family were scheduled to have dinner at M.G.'s house. That morning, M.G. told L.G. that the defendant and his family could not come over for dinner. M.G. explained that the defendant rubbed her leg in the car on the way home the night before, but did not tell her mother about ...


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