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IN THE COURT OF APPEALS OF IOWA No. 0-615 / 09-1361 Filed October 6, 2010

STATE OF IOWA, Plaintiff-Appellee, vs. EDWARD WALTER BLOOMER, KIRK BROWN, CHESTER GUINN and MONA SHAW, Defendants-Appellants. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.

Defendants

were

granted

discretionary

review

of

their

simple

misdemeanor convictions. AFFIRMED.

Sally Frank of the Drake Legal Clinic, Des Moines, for appellant. Thomas J. Miller, Attorney General, Sharon Hall, Assistant Attorney General, John P. Sarcone, County Attorney, and Anastasia Hurn, Assistant County Attorney, for appellee.

Considered by Vaitheswaran, P.J., and Eisenhauer and Danilson, JJ. Tabor, J., takes no part.

2 DANILSON, J. Defendants Edward Bloomer, Kirk Brown, Chester Guinn, and Mona Shaw were convicted after a jury trial of simple misdemeanor trespass, in violation of Iowa Code section 716.7 (2007). The defendants alleged that they were

intending to effectuate a citizen's arrest of Karl Rove (an assistant to former United States President George W. Bush) when Rove spoke at an event at the private Wakonda Club in Des Moines in July 2008. The defendants were

arrested when they refused to leave the property of the club. Because there was no direct evidence of an express agreement between Wakonda Club management and the arresting officer to prevent the defendants from traversing upon or remaining on the property, the defendants urged at trial and now on discretionary review that the evidence was not sufficient to convict them of trespass. The jury rejected this claim and convicted the defendants. The district court affirmed. The defendants also argue the prosecutor's misstatements Because we find the

during closing argument deprived them of a fair trial.

evidence adequate to support the jury's verdict and that the alleged prosecutorial misconduct does not warrant a new trial, we affirm. I. Sufficiency of the Evidence. We review challenges to the sufficiency of the evidence for the correction of errors of law. Iowa R. App. P. 6.907; State v. Keeton, 710 N.W.2d 531, 532 (Iowa 2006). In reviewing challenges to the sufficiency of the evidence

supporting a guilty verdict, we consider all of the evidence in the record in the

3 light most favorable to the State and make all reasonable inferences that may fairly be drawn from the evidence. Keeton, 710 N.W.2d at 532. Iowa Code section 716.7(2)(b) defines trespass to include the following: Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property. Iowa Code

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