LEGAL RESEARCH PROBLEM

FACTS

Mike Miller ("Mike") operates the Fast and Easy Print Shop, a commercial printing and mail order business near Warrenton, California. Fast and Easy Print Shop is located in a two-story building. The first floor is about 2,500 square feet and consists of a customer area where customers enter and are waited upon by employees at the counter. In the customer area, there are public restrooms. Behind the counter, there are the printing presses, and other equipment. At the back of the first floor, there is a door, which allows employees to exit the building from the rear. Outside this back entrance, there is an employee parking lot.

The second floor has about the same square footage as the downstairs and consists of Mike's office, an employee breakroom with a full kitchen, a bathroom, and two large storage areas. There is a 3D printer in Mike's office. In one storage room, Mike has converted it into a living and sleeping area because Mike usually stays here at least two to three nights a week because of the work load. If he can't stay, his manager, Tim Matthews generally will.

Fast and Easy Print Shop is open six days a week from 8:00 a.m. to 6:00 pm. During the day, there are five to ten employees working. Mike is generally there during those hours plus after closing. Last week, Mike closed the business at 6:00 pm and went out for a bite to eat. He was planning on going back to do more work and stay overnight. While Mike was at dinner, Ed Morris ("Ed") thought that the Fast and Easy Print Shop had closed for the day, and he knew that it kept a 3D printer on the second floor. Ed figured he could load it onto his truck and be gone before the police arrived. Ed was able to unlock one of the windows on the first floor. Unbeknownst to Ed, his entry into Mike's office tripped the burglary alarm. As he was exiting with the 3D printer, the police arrived and arrested him. Ed was charged with first-degree burglary because the prosecution contends that Fast and Easy Print Shop is an "inhabited dwelling."

Jury Instructions

1. What jury instruction constitutes an "inhabited dwelling." Please provide the citation of this jury instruction in accordance with this format: CALJIC No. __ Answer:

Case Citation

2. In the previous section, you located the jury instruction for what constitutes an "inhabited dwelling." Please review the primary authorities of that jury instruction and find the California case that was decided in 2000. Please cite the that case (official reporter) in accordance with the California Style Manualas it would appear in parenthesis. Answer:

California Penal Code

3. IfMike's Fast and Easy Print Shop is found to be "an inhabited dwelling," Ed could be found guilty of what degree of burglary? Please provide the applicable section, including any subdivisions of the California Penal Code. Please cite that code section in accordance with the California Style Manual as it would appear in parenthesis. Answer:

4. IfMike's Fast and Easy Print Shop is found not to be "an inhabited dwelling," Ed could be found guilty of what degree of burglary? Please provide the applicable section, including any subdivisions of the California Penal Code. Please cite that code section in accordance with the California Style Manual as it would appear in parenthesis. Answer: