Can a defendant be convicted of a lesser included crime of carjacking under Vehicle Code section 10851?

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.

Other Questions


Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
Is a conviction under section 23550.5 of the California Vehicle Code (formerly Vehicle Code Section 23152) of the Vehicle Code applicable to a repeat offender with a prior DUI or vehicular manslaughter conviction? (California, United States of America)
What is the test for a defendant to be convicted of a lesser included or lesser included crime? (California, United States of America)
If a defendant is convicted of a lesser included crime, can he appeal against his conviction for the alleged greater crime? (California, United States of America)
Does section 31 of the California Criminal Code permit an aider and abettor to be convicted of a lesser crime or lesser degree of crime than the ultimate crime committed by the perpetrator? (California, United States of America)
Can a court correct an error that resulted in a sentence being issued to a defendant who was convicted of a lesser crime but who is convicted of the lesser crime of assault? (California, United States of America)
Can a defendant be convicted of both a greater crime and a necessarily included lesser crime for the same conduct? (California, United States of America)
Can a defendant be convicted of both the lesser included and the greater included crime? (California, United States of America)
Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
What is the test for determining whether a defendant can be convicted of a lesser included crime under section 1097 of the California Public Prosecutions Act? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.