State v. Sutton

The defendant, Robert A. Sutton, was convicted of burglary and robbery and sentenced to 3 years’ probation. One of the conditions of probation was that the defendant be confined in jail for 90 days and make restitution. The defendant has appealed and contends the evidence was insufficient to support a finding of guilty.

The record shows that the victim, Bonnie Stephens, lived in a third-floor apartment in Bellevue, Nebraska. The theory of the State is that the burglar climbed up to the balcony of the victim’s apartment from a lower balcony and entered the apartment from the balcony.

On…