Allen

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 person has gained access to a vehicle’s trunk by opening an unlocked passenger door and thereafter lifting a trunk latch. We conclude such a person has not entered a “vehicle . . . when the doors are locked.” Thus, in this case, appellant was improperly convicted of auto burglary and the trial court erred in denying his motion for acquittal. (Pen. Code, § 1118.1.)

In the unpublished portion of this opinion (pt. III.B), we find unpersuasive appellant’s contention that the trial court erred in denying his Wheeler motion.

We reverse the judgment on count 1, auto burglary (Pen. Code, § 459), and…