Legal Opinion

People v. Magallanes

California Court of Appeal

Decided April 28, 2009No. G040133PublishedCited by 17 opinions

1Opinion of the Court

Opinion

FYBEL, J.

Introduction

Defendant Salvador Magallanes appeals from a judgment of conviction of carjacking and receipt of stolen property. Defendant argues the trial court erred in failing to grant his motion for a judgment of acquittal. We conclude, to the contrary, there was sufficient evidence defendant committed the carjacking by use of force or fear, and we affirm the conviction for carjacking.

Defendant also argues he was improperly convicted of both carjacking and receipt of stolen property because the stolen property was the same car taken during the carjacking. We agree. Based on…

2Cases cited11 opinions

  1. People v. ColeCalifornia Supreme Court · 2004
  2. People v. OrtegaCalifornia Supreme Court · 1998
  3. People v. AllenCalifornia Supreme Court · 1999
  4. People v. ButlerCalifornia Supreme Court · 1967
  5. People v. HillCalifornia Supreme Court · 2000

6 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. People v. AcostaCalifornia Court of Appeal · 2015
  2. Roberto Solorio-Ruiz v. Jefferson SessionsCourt of Appeals for the Ninth Circuit · 2018
  3. People v. CalderonCalifornia Court of Appeal · 2013
  4. (HC) Spillers v. HillDistrict Court, E.D. California · 2020
  5. Gutierrez v. GarlandCourt of Appeals for the Ninth Circuit · 2024

12 more not listed; retrieve them via the Exa API.

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