Diaz

A jury convicted defendant Marcelina Diaz of first degree residential burglary (Pen. Code, §§ 459, 460, subd. (a); all statutory citations are to the Penal Code unless noted), false representation to a police officer (§ 148.9), and misdemeanor possession of burglary tools (§ 466). The jury also found a person other than an accomplice was present at the time of the burglary. (§ 667.5, subd. (c)(21).) Diaz challenges the sufficiency of the evidence to support her conviction for possession of burglary tools. She argues latex gloves and a large purse or bag do not fall within section 466’s burglary tool prohibition. She also disputes the validity *399 of her residential burglary conviction because the trial court failed to define theft for the jury. In the published portion of this opinion, we conclude gloves and a bag do not constitute burglary tools where no evidence suggests they were possessed to break into or gain access to a victim’s property, and they do not resemble items the Legislature has specified are burglary tools in section 466. We therefore reverse Diaz’s conviction for possession of burglary tools.

I

Factual and Procedural History

On the afternoon of June…