In re H.W.

The Supreme Court reversed the judgment of the Court of Appeal upholding the juvenile court's finding that H.W. possessed an "other instrument or tool with intent feloniously to break or enter" within the meaning of Cal. Penal Code 466, holding that the pair of pliers that H.W. was in possession of when he was apprehended were not an "other instrument or tool" within the meaning of section 466.H.W., a minor, entered a Sears department store with the intent to steal a pair of jeans. When H.W. was apprehended and searched, he had in possession the jeans and a pair of pliers approximately ten inches in length, with a half-inch blade. The juvenile court sustained the burglary tool possession allegation brought against H.W. The Court of Appeal upheld the juvenile court's determination. The Supreme Court reversed, holding (1) the record did not support the conclusion that H.W. intended to use the pliers to do anything other than remove the anti-theft tag from the jeans; and (2) therefore, there was insufficient evidence to support the section 466 allegation. View "In re H.W." on Justia Law