Appeal from the Iowa District Court for Wapello County, Kirk A. Daily, District Associate Judge.
Defendant appeals her conviction for third-degree burglary as a habitual offender.
Mark C. Smith, State Appellate Defender, and Shellie L. Knipfer, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Linda J. Hines, Assistant Attorney General, Lisa Holl, County Attorney, and Andrew Ritland, Assistant County Attorney, for appellee.
Considered by Vogel, P.J., and Vaitheswaran and Bower, JJ.
Latricia Marie Stevens challenges her conviction for third-degree burglary as a habitual offender. See Iowa Code §§ 713.1, 713.6A, 902.8, 902.9 (2011). She contends (1) there is insufficient evidence of her intent to commit a theft and (2) the court erred by allowing the admission of irrelevant evidence. We affirm.
I. Background Facts and Proceedings
In late June or early July 2011, Chris and Sharon McKeag first noticed money was missing from their bedroom. Initially, Chris discovered $200 was missing from his sock drawer. A few weeks later, $400 in a banker's envelope Chris had put on their bed was gone. In late July or early August 2011, Chris returned from work and placed his wallet containing $1800 underneath his socks in his dresser. Chris and Sharon hosted a pool party for Chris's employees that evening, and Latricia Stevens attended the party. The next morning, Chris discovered the $1800 was missing. Also, Sharon noticed her bedroom dresser drawers had been disturbed.
In addition to being hired by Chris in May or June 2011, Latricia Stevens is the ex-wife of Shawn Stevens, Sharon's son. Sharon considered both of Latricia's children, Michaela Stevens and Christopher Pori, to be her grandchildren. After Shawn and Latricia's 2007 divorce, Latricia would occasionally bring the children over to the McKeags for visits. Chris testified Latricia only came to the house by invitation, and she was there four to six times from June to August 2011.
In August 2011 Chris purchased a motion-activated hidden camera designed to look like a clock. He pointed the camera at his dresser drawers. Before Chris and Sharon left town, Chris told his employees he would be gone for five days. Chris did not tell his employees he planned to return home for a short while during the trip. Chris and Sharon left their side door unlocked when they left. When Chris returned unannounced on Friday, he found the side door was now locked and someone had failed to turn off the master bedroom lights. He also observed the hidden camera/clock was not displaying the time due to a dead battery. Chris left and completed the trip.
On Sunday the couple returned. Sharon observed one of her dresser drawers had been disturbed and a full glass coin jar had coins missing. Chris took the camera to his store and downloaded the video to his computer. Chris watched one of the videos and saw Stevens and her son getting into his bed. Chris testified he found that unusual as he had not authorized them to be in the house. Immediately, Chris called Stevens and tried to find out why she had been in the house. Stevens replied: "Well, how did you know I was there?" Chris told her about the hidden camera/clock. Stevens explained Michaela had called Sharon and obtained Sharon's permission to stay there. Stevens told Chris she had been fighting with her boyfriend "and she had no place to go and it was late at night." Chris testified:
Q. Now, has this ever happened before where Michaela and/or [Stevens] have stayed in ...