How would I compose an interoffice memorandum regarding if John is or is not likely to be convicted of violating this statute?

John decides to burglarize Mary's condominium by entering through some sliding glass doors. When he breaks the glass around the door handle and sticks his finger through the hole to undo the latch, an alarm goes off and John flees. He is arrested several blocks away and charged with violating State Statute sec. 123.678, which states that "any person breaking and entering the dwelling house of another during the nighttime shall be punished by a period of not greater than five years and/or a fine of not more than $5,000.00"