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Name: People v. Kelly
Case #: A115715
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 08/29/2007

A box cutter and a slingshot can be “burglary tools” for the purpose of Penal Code section 466 where they are in the possession of a convicted burglar who intends to use them as such. Appellant contended that there was insufficient evidence to sustain a probation violation for possession of burglary tools where he had a flashlight, box cutter, and slingshot in his backpack. The appellate court disagreed and affirmed. The police officer opined that the slingshot was a burglary tool used by burglars to break windows of vehicles. He also opined that they use box cutters to cut the wires of car stereos. Further, appellant matched the description of a person seen breaking into cars, and had stolen property in his possession. The evidence taken as a whole sufficiently established that he possessed the burglary tools with the intent to use them.