Gordon

Mark Gordon was convicted of burglary of a vehicle and possession of burglar’s tools. Gordon appeals, contending (1) his conviction for possession of burglar’s tools must be reversed because ceramic pieces of a spark plug are not burglar’s tools within the meaning of Penal Code section 466 (all statutory references are to the Penal Code); (2) his conviction for possession of burglar’s tools must be reversed because the jury was misinstructed on the requisite intent; (3) his convictions for both offenses must be reversed because the jury was instructed with CALJIC No. 17.41.1, which effectively denied his Sixth Amendment right to a jury trial; and (4) his convictions for both offenses must be reversed because the jury was instructed with CALJIC No. 2.90, which undermined the presumption of innocence and lessened the prosecution’s burden of proof.

In the published portion of this opinion, we address Gordon’s first contention, and conclude that possession of ceramic spark plug pieces is not an offense under section 466. Thus, we reverse Gordon’s conviction for possession of burglar’s tools, which renders his second contention moot. In the unpublished portion of this…