People v. Johnson

WERDEGAR, J.,

Concurring and Dissenting. — I respectfully disagree with the court’s opinion insofar as it affirms the conviction for carjacking (Pen. Code, § 215)* 1 and the related special circumstance finding (§ 190.2, subd. (a)(17)(L)). By holding the phrase “immediate presence” has the same meaning for carjacking (§ 215) as for robbery (§ 211), the court makes every robbery of a car potentially chargeable as a carjacking and subject to that *998crime’s greater punishment, without regard to the difference in culpability. In my view, section 215’s language and history do not support the holding.

D…