People v. Irvin

I respectfully dissent from that portion of the majority opinion that directs dismissal of the grand theft of an automobile count.1

The contention that the court should have dismissed the grand theft of an automobile count because it was a lesser-included offense of the robbery is *194without merit. The trier of fact reasonably could have concluded that two separate acts of larceny occurred. A robbery occurs when property is taken from a victim even though the property is possessed by the perpetrator of the crime only momentarily. (People v. Tijerina (1969) 1 Cal.3d 41, 47 [81 Cal.Rptr. 264, 459…