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Name: People v. Southard
Case #: A112114
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 06/27/2007

To sustain a conviction for possession of burglary tools (Pen. Code, sec. 466), the prosecution must establish possession by defendant of tools within the purview of the statute with the general intent to use the tools for the felonious purposes of breaking and entering. Here, appellant fled from the police, driving his car at high rates of speed. After he was arrested, his car was searched and a myriad of tools, including screwdrivers and bolt cutters, plus black clothing, walkie-talkies, etc., were found in the trunk. Following the preliminary hearing where appellant was not held to answer for the 466 charge, appellant asked the prosecutor to return his “burglary tools.” The prosecution then filed an information, again charging appellant with the 466 and the evading a police officer; at trial he was convicted of both offenses. The appellate court found that the possession of the items, in total, in the trunk of the car (as compared to a workshop), appellant’s flight reflecting consciousness of guilt, and his request to return the “burlary tools” were substantial evidence of appellant’s felonious intent so as to support the guilty verdict on the burglary tools count.