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Sparrow v. State

The defendant's admission to breaking into his neighbor's house and taking a computer monitor supported his burglary conviction.

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Following a bench trial, Henry Lee Sparrow appeals his conviction of burglary,1 contending that 1 the evidence was insufficient to support a finding of guilt, 2 the trial court erred by considering his confession, and 3 his trial counsel was ineffective for not moving to exclude the confession prior to trial. Because the record supports the trial court’s finding that the confession was voluntary, and the evidence supported the verdict, we affirm.

Construed in favor of the verdict,2 the record shows that Sparrow, after consuming alcohol, decided to break into an out-of-town neighbor’s house. Sparrow, either alone or with the assistance of an accomplice, broke a back window and entered the house. He stole a computer monitor from a desk and left the house through the front door. When another neighbor noticed the broken window, the neighbor called the homeowner, who instructed him to call the police. The police responded and found the front door unlocked. It was determined that the only item taken was the monitor.

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