What is the common law definition of a "building" for purposes of the burglary statute?

4 The reasonable expectation test to determine the occurrence of a burglarious entry conforms to the common law definition of "building" for purposes of the burglary statute. In People v. Brooks (1982) 133 Cal.App.3d 200, 202, 183 Cal.Rptr. 773, the court considered whether a loading dock, enclosed on two sides by chain link fence which stopped short of the roof by one foot, constituted a "building" within the meaning of section 459. Recognizing the legislative intent of the statute is to extend protection, the court held the dock was a protected building. The court reasoned the correct test to determine if a structure falls within the statutory definition is whether its walls "... act as a significant barrier to entrance without cutting or breaking." ( Id., at p. 206, 183 Cal.Rptr. 773.) The cutting or breaking test recognizes the reasonable expectation of a property owner or inhabitant that if one defines one's living or storage space utilizing tangible materials, one reasonably expects intruders will not penetrate that space without authorization.

5 The People contend defendant may not object to the admission of other crimes evidence because he committed the instant offense after the operative date of Proposition 8 (Cal.Const., art. I, 28). We have previously rejected this argument and will not reconsider it here. (See People v. Scott (1987) 194 Cal.App.3d 550, 239 Cal.Rptr. 588.)