In each of the following exercises, the assignment is to prepare an office memo. Each assignment contains an assignment memo from the supervising attorney that includes all the available facts of the case. Complete the memo based on these facts. If additional facts are needed, note this in the recommendations section of the memo. When preparing the heading of each assignment, use “Supervising Attorney” in the “To” line, and put your name after the “From.” Following each assignment is a reference to the applicable enacted and case law. In some assignments, the case citation includes a reference only to the regional reporter citation; the state reporter citation
is not included. Use only the citation presented in the assignment. The cases are presented in Appendix A. The first time you cite the opinion, use the full citation format for the citation you are given for the opinion in the assignment.

To: Paralegal
From: Supervising Assistant District
Attorney
Re: State v. James Young; burglary charge
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, watercraft, aircraft, dwelling or other structure, movable or immovable, with the intent to commit any felony or theft therein.

Case Law: NewMexico v. Muqqdin, 2010- NMCA-069, 148 N.M. 845, 242 P.3d 412 (see Appendix A).