Ahhh...I think I get it. I was commenting specifically on the choice given the two defendants: misdemeanor or felony. I can't find a felony...unless FL law is radically different than most states' laws. Possible, but not likely.
CO law...pardon.
Or unless key facts have been omitted in the posted article. I believe they have been.
I can.
The article clearly states that the pair were charged with felony burglary.
From the Colorado Criminal Code (Title 18) --
Statute text
(1) A person commits third degree burglary if with intent to commit a crime he enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated.
(2) Third degree burglary is a class 5 felony, but it is a class 4 felony if it is a burglary, the objective of which is the theft of a controlled substance, as defined in section 12-22-303 (7), C.R.S., lawfully kept in or upon the property burglarized.
History
Source: L. 71: R&RE, p. 427, § 1. C.R.S. 1963: § 40-4-204. L. 81: (2) amended, p. 974, § 10, effective July 1; (2) amended, p. 2031, § 45, effective July 14.
Their intent to commit a crime was clear -- trespassing, tampering and unlawful taking.
They definitely entered into equipment or apparatus (the dumpster), as specified in sec 1 of the Colorado statute.
They therefore are subject to a charge of 3rd degree burglary, a class 5 felony as defined in the statute.