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PEOPLE v. CONTRERAS

Docket No. C020800.

55 Cal.App.4th 760 (1997)

THE PEOPLE, Plaintiff and Respondent, v. GINA CONTRERAS, Defendant and Appellant.

Court of Appeals of California, Third District.

June 9, 1997.

Attorney(s) appearing for the Case

COUNSEL

Sharon G. Wrubel, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson and Gregory W. Baugher, Assistant Attorneys General and Roger E. Venturi, Deputy Attorney General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

PUGLIA, P.J.

In this appeal, we hold the crime of carjacking (Pen. Code, § 215) is a necessarily lesser included offense within the crime of kidnapping to facilitate carjacking. (Pen. Code, § 209.5.) Since defendant was convicted of both crimes, we shall reverse the conviction for carjacking.

A jury convicted defendant of carjacking...

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