What is the test for making vehicle burglary a misdemeanor?

California, United States of America


The following excerpt is from People v. Abela, H045723 (Cal. App. 2019):

The offense defined by the burglary statute is fundamentally based on unlawful entry, not theft. (Pen. Code, 459; People v. Acosta (2015) 242 Cal.App.4th 521, 526.) That remains true even when the objective of the entry is to commit theft, as is commonly the case. I therefore agree that Proposition 47 did not make vehicle burglary a misdemeanor, since a person convicted of burglary has not been convicted of "obtaining any property by theft where the value ... does not exceed nine hundred fifty dollars." (Pen. Code, 490.2.)

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