People v. Allen

Opinion

ALDRICH, J.

I. Introduction

Appellant and defendant Kevin Allen appeals from the judgment entered following a jury trial that resulted in his conviction of second degree burglary of a vehicle, auto burglary (Pen. Code, § 459), and breaking or removing vehicle parts, auto tampering (Veh. Code, § 10852). Appellant was sentenced to a total prison term of six years.

In the published portion of this opinion (pts. I, II, III.A, and IV), we address what appears to be a case of first impression. We are called upon to decide whether a person has committed auto burglary (Pen. Code, § 459) when that…