Polk v. State

Faron A. Polk (“Polk”) appeals his conviction for the offense of burglary of a dwelling with an assault or battery with a weapon.1 Polk contends that the state failed to prove that he had entered the dwelling he was accused of burglarizing.

Polk also contends that he had ineffective assistance of counsel. We disagree with both arguments and affirm the conviction.

John Nicholas testified that he was returning from school when he decided to finish smoking a cigarette before entering his parents’ home. When he heard glass break in the rear of his parents’ home, he walked to the back yard. There he…