What is the dispositive argument against a defendant's argument that unlawful taking of a vehicle is a lesser included crime of carjacking?
California, United States of America
The following excerpt is from People v. Montoya, 16 Cal.Rptr.3d 902, 33 Cal.4th 1031, 94 P.3d 1098 (Cal. 2004):
I agree with the majority's conclusion and with its analysis as far as it goes. I write separately to address what the majority declines to address: defendant's potentially dispositive argument based on
[16 Cal.Rptr.3d 906]
People v. Tufunga (1999) 21 Cal.4th 935, 90 Cal.Rptr.2d 143, 987 P.2d 168 (Tufunga), made in support of his claim that an unlawful taking of a vehicle (Veh.Code, 10851) is a lesser included offense of carjacking (Pen.Code, 215).[16 Cal.Rptr.3d 906]
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