State v. Walker

TERNUS, Justice.

The sole issue presented on this appeal is whether a defendant may be convicted of committing burglary by remaining on the premises after his privilege to be there has been revoked where the victim testifies that she did not expressly ask the defendant to leave. We conclude that a revocation of the victim’s consent to the defendant’s presence may be inferred from the victim’s resistance to the defendant’s assault on her. Therefore, we affirm the defendant’s conviction of burglary in the first degree. See Iowa Code §§ 713.1, .3 (1997).

I. Background Facts and Proceedings.

In…