Does the taking of a victim's automobile constitute a lesser and necessarily included crime of robbery?

California, United States of America


The following excerpt is from People v. Irvin, 230 Cal.App.3d 180, 281 Cal.Rptr. 195 (Cal. App. 1991):

3 The dissent, in support of the position that the taking of the victim's automobile in this case was not a lesser and necessarily included offense of the robbery, cites People v. Aho (1984) 152 Cal.App.3d 658, 199 Cal.Rptr. 671. (Post, p. 204.) Aho is not on point because it involves Vehicle Code section 10851, not theft, and the violation of that Vehicle Code provision does not constitute a necessarily included lesser offense of robbery. Also, Aho does not address the question of whether the taking of separate items constitutes separate crimes.

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