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.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.