Southard

Defendant John Wesley Southard III was arrested following his reckless attempts to evade a police officer who observed him speeding in a residential neighborhood and failing to obey stop signs. A search of defendant’s car uncovered a wide assortment of tools and miscellaneous items commonly used by burglars. A jury found defendant guilty of two charges, felony evasion of a peace officer by reckless driving and misdemeanor possession of burglary tools.

Defendant’s appeal involves only the misdemeanor conviction, in connection with which he makes three arguments. First, that his conviction must be reversed because there was insufficient evidence he possessed burglary tools with the intent to commit a burglary, as required by Penal Code section 466. Second, that the trial court erred in refusing his request that the jury be instructed on the prosecution’s failure to provide discovery, asserting that the instruction was warranted due to the prosecution’s claimed failure to inform the defense of defendant’s request that the district attorney’s office return his “burglary tools.” Third, that his counsel’s closing argument deprived him of effective assistance of counsel because…