In newspapers, one often reads of someone being arrested and charged with the possession of burglary tools. Perhaps one has even more personal knowledge of such charges.

Rhetorically speaking, just what are “burglary tools?” If one is arrested while attempting to begin a residential burglary and is found to have blue latex gloves and a large black bag, are these “burglary tools?” This question was recently answered by the Fourth Appellate District Court of Appeal in People v. Marcelina Diaz (2012 DJDAR 9086 – July 2, 2012).

The underlying facts of the case are that on June 29, 2009, an 82 year old lady was sitting in her house one afternoon in Buena Park. She heard her doorbell ringing and saw, through a window, a stranger (Ms. Diaz) ringing it. The elderly lady did not answer her doorbell, as she did not recognize Ms. Diaz. Ms. Diaz rang it at least ten times and then went away.

Diaz then returned to the home several minutes later. The elderly lady watched Diaz climb over a sideyard wall to get into the backyard. The elderly lady then called 911. Diaz then pried open a locked screen door, but then could not open a sliding glass door. She then walked around to the kitchen door and police arrived, arresting her.

Diaz was found to have the blue latex gloves and a large black bag. The officers assumed the gloves were meant to cover up Diaz’s fingerprints and the bag was for carrying away stolen property from inside the home. Following a trial in Orange County Superior Court, Diaz was convicted. The judge imposed a six year, eight month prison sentence.

Diaz then appealed her conviction, alleging that the evidence did not support her conviction for possession of burglary tools under Penal Code