from the Iowa District Court for Marion County, Gregory A.
defendant appeals his conviction for burglary in the second
degree, challenging the sufficiency of the evidence.
C. Smith, State Appellate Defender, and Melinda J. Nye,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Sheryl A. Soich, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., Bower, J., and Scott, S.J.
Kelso-Christy appeals his conviction for second-degree
burglary, in violation of Iowa Code section 713.5 (2015).
Kelso-Christy asserts there was insufficient evidence to
support his conviction; specifically, he asserts his
impersonation of another person did not satisfy the element
of intent to commit sexual abuse because the sex act he
intended when he entered the victim's home was a
consensual sex act. Because Kelso-Christy's impersonation
of another person who was known to the victim amounts to
fraud in fact, we conclude the victim's consent to the
sex act was vitiated and Kelso-Christy's conviction is
supported by sufficient evidence.
review of a challenge to the sufficiency of the evidence is
for the correction of errors at law. State v.
Shorter, 893 N.W.2d 65, 70 (Iowa 2017).
The district court's finding of guilt is binding upon us
unless we find there was not substantial evidence in the
record to support such a finding. In determining whether
there was substantial evidence, we review the record evidence
in the light most favorable to the State. Substantial
evidence means such evidence as could convince a rational
trier of fact that the defendant is guilty beyond a
State v. Dalton, 674 N.W.2d 111, 116 (Iowa 2004)
consented to a trial on the minutes of evidence. Those
minutes provided the victim would testify:
[S]he was contacted by Facebook by an individual who
represented that he was [a former classmate]. She will
testify that she knew [the former classmate] from high
school. She will testify that she engaged in numerous
Facebook [messages] and texts with this person. She will
testify that over time these messages turned sexual in
nature. She will testify that she agreed to have sex with an
individual she believed was [the former classmate]. She will
testify that the nature of the sexual encounter involved
blindfolding herself and being handcuffed by who she believed
was [the former classmate]. She will testify that she invited
this individual into her home and that he restrained her, had
sexual intercourse, and abruptly left saying he had to go.
This witness will testify that she consented to having sex
with [the former classmate]. This witness will testify that
she did not know that the defendant was impersonating [the
former classmate], and that she did not consent to having sex
on that date with anyone other than [the former classmate].
She will testify that she began to become suspicious when the
person she had been communicating with stopped responding to
her texts. She will also indicate that the Facebook page was
no longer active. This witness will testify that she observed
a condom wrapper which she moved to her bathroom trash can.
This witness will testify that all of the events occurred in
Marion County, Iowa, on April 26, 2015. She will testify she
notified the police on April 27, 2015. She will testify that
she did not consent to the defendant entering her home and
did not consent to having sex with him.
minutes provided that Kelso-Christy's fingerprint was on
the condom wrapper the victim found in her bedroom. In
addition, minutes related to the former classmate of the
victim stated he would testify:
[H]e has, on Facebook, an account. He will testify that he
has not created a second account in his name. This witness
will testify that he did not engage the victim in
conversation at any time during this investigation or prior
to it. He will testify that he has not been to the
victim's home. He will testify that he did not have sex
with the victim. He will testify he was made aware of this
investigation by the Marion County Sheriff's office. This
witness will testify that after being made aware ...