People v. Contreras
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
PUGLIA, P. J.
In this appeal, we hold the crime of carjacking (Pen. Code, § 215) is a necessarily lesser included offense within the crime of kidnapping to facilitate carjacking. (Pen. Code, § 209.5.) Since defendant was convicted of both crimes, we shall reverse the conviction for carjacking.
A jury convicted defendant of carjacking (Pen. Code, § 215—count 1 [hereafter all statutory references to sections of an undesignated code are to the Penal Code]), second degree robbery (§ 211—count II), and kidnapping to facilitate carjacking (§ 209.5—count III). As to each offense, the jury found…
2Cases cited6 opinions
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3Cited by31 opinions
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