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  5. 66 Cal.Rptr.3d 104 (2007)
 

PEOPLE v. KELLY

No. A115715.

66 Cal.Rptr.3d 104 (2007)

154 Cal.App.4th 961

The PEOPLE, Plaintiff and Respondent, v. Tracy KELLY, Defendant and Appellant.

Court of Appeal of California, First District, Division Three.

August 29, 2007.

Attorney(s) appearing for the Case

Richard M. Doctoroff, San Francisco, for Appellant.

Edmund G. Brown Jr., Attorney General of the State of California, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Seth K. Schalit, Supervising Deputy Attorney General, Catherine A. McBrien, Deputy Attorney General, for Respondent.

Certified for Partial Publication.*

SIGGINS, J.

When are a box cutter and a slingshot "instruments or tools" 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...

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