This feels like a law school question, but we have these facts: Victim pulls up to gas station, goes inside for some cigarettes, and leaves his wallet sitting on his hog. Defendant walks along and steals his wallet. Burglary of a Motor Vehicle or simple Theft? Has some interesting enhancement permutations due to Defendant's prior activities.
I'd have to go with no, based on cases like Richardson v. State, 888 S.W.2d 822 (Tex. Crim. App. 1994). Reaching into the bed of a pickup to steal something requires entry into a part of the vehicle, even though that part is perpetually open. Entry is a required element of burglary; the case refers to it as "breaking of the close." So, taking stuff in the bed of a pickup, or out of an unlocked toolbox in it, is burglary. Taking something from the outside of the vehicle, like tires or hubcaps, is not.
Stealing a wallet that was set on top of a motorcycle would not require entry and would not be a burglary. Stealing a wallet out of a saddlebag or another container attached to the motorcycle, I'd argue that that is a burglary.
I vote "No" to BMV. Did the guy have his credit cards or DL in his wallet? How about Credit/Debit Card Abuse or Fraudulent Use or Possession of Identifying Information?
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