What is the overlap between the carjacking statute and the robbery statute?

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].)

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