California, United States of America
The following excerpt is from People v. Jackson, A148619 (Cal. App. 2018):
(People v. Page, supra, 3 Cal.5th at p. 1183 ["a conviction under [Vehicle Code] section 10851 [subdivision] (a) for posttheft driving is not a theft conviction"]; accord People v. Montoya (2004) 33 Cal.4th 1031, 1036 [Veh. Code, 10851 was not a lesser included offense to carjacking because the accusatory pleading did "not also include the requisite allegations for the lesser offense of unlawfully taking a vehicle, which requires proof that the taking of a vehicle was without its owner's consent."].) Because the conduct at issue was so limited, any potential Vehicle Code section 10851 violation would not constitute a lesser included offense of grand theft auto.5 Accordingly, we conclude the second amended information did not provide defendant with notice he could be convicted of violating Vehicle Code section 10851.
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