Question: To Your name From Supervising

To: [Your name]
From: Supervising Assistant District Attorney
Re: State v. James Young; burglary
On August 7, Mr. Young went to Coronado Mall. He took a coat hanger which he planned to use to break into cars parked at the mall. The mall parking lot was full and Mr. Young went unobserved. As he approached Karl Wilson's vehicle, he noticed that the windows were open about an inch. He also observed Mr. Wilson's wallet on the front seat. Unknown to Mr. Wilson, the wallet fell out of his pocket when he exited the car.
Mr. Young was unable to unlock Mr. Wilson's vehicle. However, after fashioning a hook, he was able to pull the wallet through the open window. The wallet contained $300 and two credit cards, all of which Mr. Young took.
I would like to charge Mr. Young with burglary under our burglary statute. Does Mr. Young's use of the coat hanger to retrieve the wallet constitute entry within the meaning of the statute? Please prepare a memo addressing this question.
Statutory Law: New Mexico Statute § 30-16-3. Burglary
Burglary consists of the unauthorized entry of any vehicle, water craff, aircraft, dwelling or other structure, movable or immovable, with the intent to commit any felony or theft therein.

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  • CreatedSeptember 03, 2015
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