from the Iowa District Court for Buchanan County, Bradley J.
defendant appeals from a conviction for second-degree
C. Smith, State Appellate Defender, and Theresa R. Wilson,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Thomas J. Ogden, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Bower and McDonald, JJ.
POTTERFIELD, PRESIDING JUDGE.
Anderson appeals from his conviction of second-degree
burglary, claiming there is insufficient evidence to show he
entered an occupied structure without right, license, or
privilege to enter. Because substantial evidence supports the
conviction, we affirm.
Background Facts and Proceedings.
December 2016, James Johnson and Stephanie Hubbell moved into
an apartment in which Ashley Musick also resided. Anderson
lived in a separate building within the same apartment
complex. Anderson had Musick's permission to enter her
apartment when no one was present to clean and take care of
Musick's dog. Anderson was a frequent visitor to
Musick's apartment, and Johnson had allowed Anderson
inside the apartment on at least one occasion when Musick was
in January 2017, Anderson offered his own apartment as a
place for Johnson and Hubbell to stay because Musick's
apartment was overcrowded. Johnson and Hubbell stayed several
nights at Anderson's apartment before returning to
Musick's apartment on January 12, 2017. Johnson and
Hubbell decided to return to Musick's apartment after
Hubbell accused Anderson of trying to kiss her and Johnson
discovered Anderson was a registered sex offender. Johnson
went to Anderson's apartment to tell him why he and
Hubbell had decided not to return to his apartment and to
retrieve clothing they left behind when they had moved back
to Musick's apartment. At the news, Anderson became angry
and demanded to speak to Hubbell. Johnson returned to
Musick's apartment to talk with Hubbell.
the same day, from inside Musick's apartment, Johnson saw
Anderson angrily walking from his apartment building towards
Musick's. Johnson went to the front door of Musick's
apartment and, from inside the apartment without opening the
door, told Anderson to go back to his apartment. While
talking to Anderson, Johnson placed his foot against the
bottom of the front door in an effort to keep the door closed
because the lock was broken. Despite Johnson's attempts
to keep the door closed, Anderson forced his way into the
apartment to confront Hubbell. Johnson placed himself in
front of Anderson to keep him from approaching Hubbell.
Anderson grabbed Johnson by the neck and held a pocket knife
against his side, threatening to "cut [Johnson]
open." After several more threats, Anderson released his
hold on Johnson and left Musick's apartment.
waived his right to a jury; after a bench trial, the court
found him guilty of second-degree burglary. Anderson appeals.
Standard of Review.
review challenges to the sufficiency of the evidence for
correction of errors at law. State v. Tipton, 897
N.W.2d 653, 692 (Iowa 2017). A verdict of guilty will be
upheld if it is supported by substantial evidence.
Id. Substantial evidence exists when a rational
trier of fact would be convinced the defendant is guilty
beyond a reasonable doubt. Id. To determine whether