In re H.W.

Summary

The court held that Penal Code section 466 requires proof that the defendant intended to use the possessed tool to break or effectuate physical entry into a structure in order to commit a theft or other felony inside. Although H.W. used pliers to remove an anti-theft tag and steal jeans, the evidence did not show that he intended to use them to gain physical entry into the store. The court therefore reversed the Court of Appeal's judgment upholding the juvenile court's burglary-tool finding.