Section 1700 | CALCRIM (Jury Instructions)

LESSER INCLUDED OFFENSES
•
Attempted Burglary. Pen. Code, §§ 663, 459.
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Tampering With a Vehicle. Veh. Code, § 10852; People v. Mooney (1983) 145
Cal.App.3d 502, 504–507 [193 Cal.Rptr. 381] [if burglary of automobile
charged].
RELATED ISSUES
Auto Burglary—Entry of Locked Vehicle
Under Penal Code section 459, forced entry of a locked vehicle constitutes burglary.
(People v. Young K. (1996) 49 Cal.App.4th 861, 863 [57 Cal.Rptr.2d 12].) However,
there must be evidence of forced entry. (See People v. Woods (1980) 112
Cal.App.3d 226, 228–231 [169 Cal.Rptr. 179] [if entry occurs through window
deliberately left open, some evidence of forced entry must exist for burglary
conviction]; People v. Malcolm (1975) 47 Cal.App.3d 217, 220–223 [120 Cal.Rptr.
667] [pushing open broken wing lock on window, reaching one’s arm inside vehicle,
and unlocking car door evidence of forced entry].) Opening an unlocked passenger
door and lifting a trunk latch to gain access to the trunk is not an auto burglary.
(People v. Allen (2001) 86 Cal.App.4th 909, 917–918 [103 Cal.Rptr.2d 626].)
Auto Burglary—Definition of Locked
To lock, for purposes of auto burglary, is “to make fast by interlinking or interlacing
of parts . . . [such that] some force [is] required to break the seal to permit
entry . . . .” (In re Lamont R. (1988) 200 Cal.App.3d 244, 247 [245 Cal.Rptr. 870],
quoting People v. Massie (1966) 241 Cal.App.2d 812, 817 [51 Cal.Rptr. 18] [vehicle
was not locked where chains were wrapped around the doors and hooked together];
compare People v. Malcolm (1975) 47 Cal.App.3d 217, 220–223 [120 Cal.Rptr. 667]
[vehicle with locked doors but broken wing lock that prevented window from being
locked, was for all intents and purposes a locked vehicle].)
Auto Burglary—Intent to Steal
Breaking into a locked car with the intent to steal the vehicle constitutes auto
burglary. (People v. Teamer (1993) 20 Cal.App.4th 1454, 1457–1461 [25 Cal.Rptr.2d
296]; see also People v. Blalock (1971) 20 Cal.App.3d 1078, 1082 [98 Cal.Rptr.
231] [auto burglary includes entry into locked trunk of vehicle].) However, breaking
into the headlamp housings of an automobile with the intent to steal the headlamps
is not auto burglary. (People v. Young K. (1996) 49 Cal.App.4th 861, 864 [57
Cal.Rptr.2d 12] [stealing headlamps, windshield wipers, or hubcaps are thefts, or
attempted thefts, auto tampering, or acts of vandalism, not burglaries].)
Building
A building has been defined for purposes of burglary as “any structure which has
walls on all sides and is covered by a roof.” (In re Amber S. (1995) 33 Cal.App.4th
185, 187 [39 Cal.Rptr.2d 672].) Courts have construed “building” broadly and found
the following structures sufficient for purposes of burglary: a telephone booth, a
popcorn stand on wheels, a powder magazine dug out of a hillside, a wire chicken
coop, and a loading dock constructed of chain link fence. (People v. Brooks (1982)
CALCRIM No. 1700
BURGLARY AND RECEIVING STOLEN PROPERTY
1130

133 Cal.App.3d