Question
One month ago, at 7:00 pm, Denise Defendant (Denise) and Connie's Co-conspirator (Connie) planned to break in through the front doors of the California Science
One month ago, at 7:00 pm, Denise Defendant (Denise) and Connie's Co-conspirator (Connie) planned to break in through the front doors of the California Science Center.The two of them agreed that they would steal a part of the Spaceship Control Module from the inside of the world-famous NASA space shuttle "Endeavour."Denise would steal the control module part while dressed as a maintenance worker, and Connie would stand guard and then drive the getaway car.The two successfully got into the Science Center and got the piece of the control module out of the Science Center without alerting any guards.However, in the parking lot, Connie slipped on a banana peel and triggered the silent alarm.Within minutes, police were on the scene and found Denise alone, arresting her.While in handcuffs, Denise yelled out, "It wasn't just me! Connie's the one that told me to get the piece anyways!I tried to tell her that this whole idea of breaking in wouldn't work and that we would get caught, but she refused to let me leave!And now she's driving down Pico, just like we agreed!"Police catch up to Connie 5 miles down the road and arrest her too.In Connie's car, the police found the piece of the control module, along with a gun sitting on the passenger seat and mini-models of the piece that she planned to sell.At Denise's trial, the State of California charges Denise with larceny, conspiracy, and solicitation to commit larceny with Connie, and may want to charge Denise with another theft crime if they can prove she was guilty.The judge has already ruled that the search was legal, so do not make arguments about the 4thAmendment.Both the State of California and Denise's attorney should analyze according to the following questions and argue each of the following for their side:In your mock trial writeup, answer the following questions in your analysis and counterarguments sections:
(1) Did Denise commit larceny?
(2) Is Denise guilty of a conspiracy and solicitation with Connie?
(3) Is Denise guilty of any other theft crimes?
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