People v. Mooney

Opinion

WORK, J.

Convicted of burgling a motor vehicle (Pen. Code, § 459), Ronald. James Mooney claims he was prejudiced by the court refusing his request to instruct the jury auto tampering (Veh. Code, § 10852) is a lesser included offense of that crime. We reverse because, on the facts of this case, ,the trial court should have given the requested instruction.

Factual Background

Caroline Sue Clark drove her Dodge van to the parking lot of the Torrey Pines Golf Course where, upon exiting, she rolled up the windows and locked all doors.

While Clark was golfing, one person in the foursome noticed…