Puglisi v. State

OPINION

Appellant Puglisi was convicted of burglary and possession of a burglary tool, namely, a shopping bag. He challenges the burglary conviction on the ground that the district court erred in refusing to give an instruction on petit larceny. He challenges the burglary tool conviction on the ground that a shopping bag is not a burglary tool. We agree with Puglisi on the burglary tool claim and reverse. The burglary conviction is affirmed.

The facts of this case are as follows: On June 6, 1985, Carol Parker was employed as a security guard for Sears. Parker sat in *492a “camera room” where she…