California, United States of America
The following excerpt is from People v. Saldana, 157 Cal.App.3d 443, 204 Cal.Rptr. 465 (Cal. App. 1984):
For example in People v. Mooney, supra, 145 Cal.App.3d 502, 193 Cal.Rptr. 381, the defendant was charged with burgling a motor vehicle. (Pen.Code, 459.) The issue at trial was whether the car was unlocked when the defendant arrived, since burgling requires a forced entry into a locked vehicle. The court held that the court should have instructed the jury on tampering (Veh.Code, 10852), which does not require that the vehicle be locked and which is a lesser included offense of burgling, since one cannot burgle a vehicle without tampering with it.
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