People v. Medina

Opinion

CHIN, J.

Several Courts of Appeal have held that the crime of kidnapping during the commission of a carjacking (Pen. Code, 1 § 209.5, subd. (a); hereafter section 209.5(a)), requires a completed carjacking. (People v. Contreras (1997) 55 Cal.App.4th 760, 765 [64 Cal.Rptr.2d 233] (Contreras); see also People v. Jones (1999) 75 Cal.App.4th 616, 626 [89 Cal.Rptr.2d 485] (Jones), following Contreras.) We must decide whether attempted kidnapping during the commission of a carjacking also requires a completed carjacking, and whether attempted carjacking and attempted kidnapping are lesser…