Write a Complex Office Legal Memorandum based on the fact pattern set out below. The client, Patrick Picard, a 20-year-old with no prior criminal history, spray-painted his "tag" after midnight on several of his neighbor's houses, as well as some neighborhood signs. One of his neighbors had permitted him to "tag" his home because he thought his work was art, but it was supposed to be small and on a discreet side. Patrick painted the front of the house. The rest of the neighbors had not given him any permission to "tag" their homes. He also broke some mailboxes and left spray paint cans all over the neighbors' yards. The damage to repaint and replace mailboxes averaged about $1000 per home. He was arrested shortly afterward, and charged with vandalism, a felony violation of the state penal code. The jury convicted Johnson on five counts of vandalism. He was subsequently sentenced to the maximum penalty allowable in the state: 25 years in the state penitentiary as well as a fine of $5,000. Picard's conviction and sentence were upheld by the appeals court, and he now appeals to the state supreme court. Picard argues that the sentence violates his 8th Amendment rights under the U.S. Constitution.

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To State Supreme Court From Office of the Public Defender Date February 1 2022 Re Patrick Picard v State of XXX Fact Pattern On appeal Patrick Picard ... View the full answer