P. v. Rojas CA2/5
A jury convicted defendant and appellant Johnny Isidro Rojas (defendant) of second degree vehicle burglary and receiving stolen property. Defendant testified at trial and claimed the burgled car’s window was open and he never entered the vehicle. The car’s owner testified the windows were rolled up and the doors locked, the owner’s son (an eyewitness) testified he saw defendant’s head and shoulders inside the car, and a subsequent inspection of the car revealed items in the glove compartment and center console had been rifled through. We consider whether reversal is warranted because the trial court should have instructed on vehicle tampering as a lesser included offense of vehicle burglary.
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