Is there insufficient evidence for a reasonable jury to convict defendant of possession of burglary tools?
California, United States of America
The following excerpt is from People v. Rubio, C074476 (Cal. App. 2014):
Defendant next contends there was insufficient evidence for a reasonable jury to convict him of possession of burglary tools. To convict defendant on this charge, the People were required to establish: "(1) possession by the defendant; (2) of tools within the purview of the statute; (3) with the intent to use the tools for the felonious purpose of breaking or entering." (People v. Southard (2007) 152 Cal.App.4th 1079, 1084-1085.)
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