People v. Lopez

Opinion

CHIN, J.

The crime of carjacking requires the “felonious taking” of a motor vehicle. (Pen. Code, § 215.) Similarly, the crime of robbery requires the “felonious taking” of personal property. (§ 211.) California courts, following common law, have long held that the “taking” element of robbery requires that a defendant gain possession of the victim’s property and asport or carry it away. (See People v. Cooper (1991) 53 Cal.3d 1158, 1165 [282 Cal.Rptr. 450, 811 P.2d 742] (Cooper); Perkins & Boyce, Criminal Law (3d ed. 1982) § 2, pp. 343-344 (Perkins).) Does the felonious taking element of…