California, United States of America
The following excerpt is from People v. Lopez, 31 Cal.4th 1051, 6 Cal.Rptr.3d 432, 79 P.3d 548 (Cal. 2003):
The carjacking statute itself reflects the overlap between carjacking and robbery. It states, "This section shall not be construed to supersede or affect Section 211. A person may be charged with a violation of this section and Section 211. However, no defendant may be punished under this section and Section 211 for the same act which constitutes a violation of both this section and Section 211." ( 215, subd. (c); see People v. Ortega (1998) 19 Cal.4th 686, 700, 80 Cal.Rptr.2d 489, 968 P.2d 48 [ 215 permits multiple convictions of carjacking and robbery based on the same conduct, but prohibits multiple punishment for the same act].)
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.