[Published Decision – 40 Cal.App.5th 126] Although the Court of Appeal interpreted Penal Code section 466 to prohibit a person from having burglary tools “upon him or her or in his or her possession,” the Court nevertheless reversed the defendant’s conviction for possession of burglary tools because the special jury instruction on that offense prejudicially omitted the felonious intent element. The court also agreed with the parties that the trial court erred by staying, instead of striking, one of the prior-prison-term enhancements.
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