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Case No. 17-1975

State of Iowa
v.
Robin Inman

Appellee

State of Iowa

Appellant

Robin Inman

Attorney for the Appellee

Tyler J. Buller, Assistant Attorney General

Attorney for the Appellant

Christopher R. Kemp

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1975
Date Published:
Jan 09, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Danilson, S.J.  Opinion by Potterfield, P.J.  (7 pages)

            Robin Inman appeals from her conviction for burglary in the first degree.  She maintains there is insufficient evidence to support her conviction, arguing there was not substantial evidence to support the jury’s finding (1) she had the intent to commit an assault or theft at the time she entered the occupied structure or (2) she inflicted bodily injury while “in or upon” the occupied structure.  OPINION HOLDS: Because substantial evidence supports the jury’s finding that Inman entered the home with the intent to commit a theft, we affirm Inman’s conviction for burglary in the first degree.  Her claim there was insufficient evidence to support a finding she committed an assault “in or upon” the structure is not preserved for our review, and we cannot consider her alternative ineffective-assistance claim; we preserve it for a postconviction-relief action.

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