People v. Woodward CA5

FACTS

On December 2, 2012, at approximately 5:00 p.m., Sintia Vasquez drove her 1995 Honda Civic to the Burlington Coat Factory in Modesto. The car was gone when she came out of the store. On December 4, 2012, Modesto police officers located the Honda and placed it under surveillance. Shortly after 5:00 p.m., as a police officer approached the Honda while it was parked at a shopping center, Woodward exited the Honda through the driver’s door and took off running. Woodward was captured a short time later after he jumped in a canal. During a search of the Honda officers found a key ring with 19 shaved keys2 from different manufacturers and a knapsack containing numerous tools including a crowbar, bolt cutters, gloves, three screwdrivers, and another set of keys. An additional shaved key with a ring of keys attached was found in the Honda’s ignition.

DISCUSSION

The Section 654 Issue In sentencing Woodward, the court stated,

“For the burglary tools, I am going to order that you serve six months concurrent on the burglary tools, that being count IV. That’s -- that is -- although there were a number of tools [that] quite easily could have been found by the jury [to be] burglary…