Posted: November 23rd, 2022
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OFFICE RESEARCH MEMORANDUM FACT PATTERN
Re: State v. Anchovy
On November 2nd, 2022, Arnie Anchovy contacted our firm again for help. After paying a large retainer, he shared the following facts:
On or about November 1st, 2022, Arnie saw Barney Bacon, and his wife Carlie Bacon, eating outside of Gumby’s. All of them were in Gainesville for a conference called “Pizza & COVID- A Cheesy New Perspective.” Although Barney and Carlie did not see him (since it was late at night), Arnie watched Carlie lovingly feeding Barney Pokey Stix. He flew into a jealous rage and then noticed that they had matching bicycles parked nearby- each bearing its own separate license plate that said, “Barney Loves Carlie More Than Pizza!” and “Carlie Loves Barney As Much As Pizza!”
Arnie was so jealous and angry that he approached Carlie’s bike and opened a small sack attached to the seat. Inside he saw a dozen Pokémon cards, gummy bears, a can of Jupina, and a gold bracelet he had given to her years ago. He stuffed the dozen Pokeman cards in his pocket, zipped up the sack, and tried to escape. Unfortunately, for him, Barnie and Carlie had seen everything and called the police who were patiently waiting nearby.
As Arnie tried to leave, Officer Tom Atoe and Detective Arthur Tragg, arrested him. Arnie was silent. He posted bond and left jail scared and confused. Not knowing what to do, Arnie decided to retain a lawyer and, lucky for us, he picked our firm.
I called the Assistant State Attorney assigned to the case- Hamm Burger- who told me he was “throwing the book” at Arnie and charging him with statutory burglary pursuant to Florida Statute 810.02(b)1.
As of the date of this memo, I learned that formal charges have been filed. I asked one our partners, Della Street, to start the legal research. Della provided me with a copy of the Florida Statutes 810.011 and 810.02 and a copy of Braswell v. State, 671 So. 2d 228 (Fla. 1st DCA 1996).
Please prepare an inter-office memo addressing whether the State can meet the statutory elements for burglary under Florida Statute 810.02(b)1 and if we can use the holding in Braswell to help our client. I will put the Florida Statutes and Braswell, along with the office memo template in Canvas for you to use.
Your memo should be between 500-550 words. Please do NOT do any outside research. Please do not consult with any of your classmates unless otherwise authorized by me in writing. You can only use the materials provided herein.
OFFICE RESEARCH MEMORANDUM TEMPLATE- THIS FORMAT MUST BE USED
From: Your Name Here
Re: State v. Anchovy_
___Statement of Assignment
You have asked me to prepare an inter-office memorandum addressing the legal question raised in a burglary indictment by the State of Florida against our client, Arnie Anchovy (“Arnie”). This memorandum is intended to be privileged and confidential and shall not be shared with any third parties outside of our law firm.
Assigned Research Issue
Did Arnie commit a burglary pursuant to Florida Statute 810.02(b)(1) by taking the dozen Pokemon cards from the sack on Carlie’s bicycle?
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