People v. Kelly
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
SIGGINS, J.
When are a box cutter and a slingshot “instrument[s] or tool[s]” within the meaning of Penal Code section 466, 1 which criminalizes the possession of burglary tools? The answer in this case is: certainly when they are in the possession of a convicted burglar and thief who intends to use them as such. Defendant Tracy Kelly appeals an order revoking his probation and sentencing him to a suspended three-year upper prison term conditioned on a one-year term in county jail. Defendant contends the evidence was insufficient to revoke his probation due to his possession of burglary…
2Cases cited10 opinions
- Cunningham v. CaliforniaSupreme Court of the United States · 2007
- Burden v. SnowdenCalifornia Supreme Court · 1992
- People v. RodriguezCalifornia Supreme Court · 1990
- People v. RoblesCalifornia Supreme Court · 2000
- People v. SilverCalifornia Supreme Court · 1940
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. H.W. (In Re H.W.)California Supreme Court · 2019
- Sandarg v. Dental Bd. of CaliforniaCalifornia Court of Appeal · 2010
- People v. DiazCalifornia Court of Appeal · 2012
- Disciplinary Board v. KellingtonNorth Dakota Supreme Court · 2014
- People v. Shaw, California Court of Appeal, 5th District2017
8 more not listed; retrieve them via the Exa API.