STATE v. WALKER

No. 98-597.

600 N.W.2d 606 (1999)

STATE of Iowa, Appellee, v. Jason WALKER, Appellant.

Supreme Court of Iowa.

September 9, 1999.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and David Arthur Adams, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and D. Raymond Walton, Assistant County Attorney, for appellee.

Considered by CARTER, P.J., and LAVORATO, NEUMAN, TERNUS, and HARRIS, JJ.


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a defendant may be convicted of committing burglary by remaining on the premises after his privilege to be there has been revoked where the victim testifies that she did not expressly ask the defendant to leave.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...

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