In RE H.W., a Person Coming Under the Juvenile Court Law. the People, Plaintiff and Respondent v. H.W., Defendant…

Summary

The court held that Penal Code section 466 requires proof that the defendant intended to use a qualifying instrument or tool to break or effectuate physical entry into a structure in order to commit theft or another felony inside. Although H.W. possessed pliers and used them to remove an anti-theft tag, the evidence did not show the required intent to break into or physically enter a structure. The court therefore reversed the judgment sustaining the burglary-tool allegation.