People v. Montoya

Opinion

KENNARD, J.

California law prohibits convicting a defendant of two offenses arising from a single criminal act when one is a lesser offense necessarily included in the other. Here, the Court of Appeal held that unlawful taking of a vehicle (Veh. Code, § 10851) is not a lesser included offense of carjacking (Pen. Code, § 215)1 and affirmed defendant’s convictions of both offenses. We agree.

I

Responding to a newspaper advertisement, defendant came to Amanda Locke’s home in Kern County to see a car she was selling, a 1994 Jeep. After inspecting the car, defendant asked Locke to take him for…