Is a person who enters a structure enumerated in section 459 of the California Penal Code guilty of burglary?

a person who enters a structure enumerated in section 459 with the intent to commit a felony is guilty of burglary except when he or she (1) has an unconditional possessory right to enter as the occupant of that structure or (2) is invited in by the occupant who knows of and endorses the felonious intent." (People v. Salemme (1992) 2 Cal.App.4th 775, 781, first italics in original, second italics added.)

The possessory right protected by section 459 is the "right to exert control over property to the exclusion of others" or, stated differently, the "right to enter as the occupant of that structure." (People v. Salemme, supra, 2 Cal.App.4th at pp. 779, 781.) The "primary purpose" of the burglary law "is to protect a possessory right in property. Thus, if there is an invasion of the occupant's possessory rights, the entry constitutes burglary regardless of whether actual or potential danger exists." (Id. at p. 781.)