Does the Attorney General have any authority to determine whether a trailer was locked within the meaning of section 459 of the Penal Code?

California, United States of America


The following excerpt is from Lamont R., In re, 200 Cal.App.3d 244, 245 Cal.Rptr. 870 (Cal. App. 1988):

The trial court appears to have based its decision on one of two alternative findings: either that the trailer was locked within the meaning of Penal Code section 459 (hereafter, section 459), or that the trailer belongs to a [200 Cal.App.3d 247] class of vehicles which, by the terms of section 459, may be burglarized even though unlocked. The Attorney General concedes that the trailer qualified as a vehicle which, under the Vehicle Code, needed to have been "locked" in order for appellant to have committed the crime charged. The only issue therefore is whether the trailer was locked within the meaning of section 459. The facts are not in dispute and the question appears to be one of law. (See People v. Massie (1966) 241 Cal.App.2d 812, 818, 51 Cal.Rptr. 18.)

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