People v. Marquez

Opinion

VOGEL, Acting P. J.

The issue in this case is whether attempted grand theft auto is a lesser included offense of attempted carjacking. We conclude that it is not, and affirm the judgment before us on this appeal.

FACTS

Monica Montecino, driving her parents’ Ford pickup truck, was stopped at the bottom of a freeway off-ramp when she was hit from behind by a Suburban. Montecino pulled into a gas station, grabbed her keys, and got out of the truck. As she was inspecting the damage, Jesse Anthony Marquez walked up to the truck’s open door, got into the driver’s seat, and closed the door.…