Can a defendant be convicted of unlawful taking and unlawful driving in a motor vehicle case?
California, United States of America
The following excerpt is from People v. Strong, 30 Cal.App.4th 366, 35 Cal.Rptr.2d 494 (Cal. App. 1994):
7 In People v. Pater (1968) 267 Cal.App.2d 921, 73 Cal.Rptr. 823, the court held that a defendant could not be convicted of both theft and unlawful taking or driving "so long as defendant retained the original dominion over the [vehicle] obtained by the original theft." (Id., at p. 926, 73 Cal.Rptr. 823.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a defendant's sentence for unlawfully taking or driving a vehicle in count 5 of the California Vehicle Accused Robbery and Vehicle Theft Act stayed? (California, United States of America)
Does a defendant's plea of not guilty in a motor vehicle case contradict the fact that he abandoned the vehicle and fled on foot and, when apprehended, denied having taken or driven the vehicle? (California, United States of America)
Does the term "unlawfully driving or taking a vehicle" in Proposition 47 apply to motor vehicle theft? (California, United States of America)
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
How have the courts treated evidence of a prior conviction for driving under the influence in a motor vehicle case? (California, United States of America)
Is unlawfully driving or taking a vehicle a crime that is not considered a "grand theft auto" under section 490.2 of the California Vehicle Code? (California, United States of America)
Does the Attorney General have any case law where a defendant is convicted of assault with a deadly weapon, as well as discharging a firearm at a motor vehicle? (California, United States of America)
In a motor vehicle accident case, is a defendant not guilty of his charged crimes if he was unconscious at the time he engaged in the illegal act of wrong-way driving? (California, United States of America)
Is a defendant barred from driving the same vehicle after receiving and taking a vehicle? (California, United States of America)
Is a defendant entitled to appeal against his conviction for unlawfully taking a vehicle? (California, United States of America)
