State v. Cook

Defendant appeals a judgment of conviction for possession of a burglary tool — a crime that he was charged with having committed by possessing a burglary tool or theft device “with intent to use it to commit and facilitate a theft by physical taking” in violation of ORS 164.235(1). The tool consisted of multiple spark plugs that had been attached to a handle and “intertwined” in a way that made them suited to breaking car windows. We address a single issue on appeal: whether evidence that defendant possessed that tool, which he believed was illegal to possess, is sufficient to support a…