PEOPLE v. ORTEGA

No. S055216.

80 Cal.Rptr.2d 489 (1998)

19 Cal.4th 686

968 P.2d 48

The PEOPLE, Plaintiff and Respondent, v. Ernesto ORTEGA et al., Defendants and Appellants.

Supreme Court of California.

December 17, 1998.


Attorney(s) appearing for the Case

Leslie C. Greenbaum, under appointment by the Supreme Court, Woodland Hills, for Defendant and Appellant Ernesto Ortega.

Maureen J. Shanahan, under appointment by the Supreme Court, Los Angeles, for Defendant and Appellant David Higuera.

Richard D. Miggins, under appointment by the Supreme Court, Los Angeles, for Defendant and Appellant Luis Avila.

Daniel G. Koryn, under appointment by the Supreme Court, San Diego, for Defendant and Appellant Alexander Rayon.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Kenneth C. Byrne, Robert F. Katz, Susan C. Diamond, Lance E. Winters and Lisa J. Brault, Deputy Attorneys General, for Plaintiff and Respondent.


GEORGE, C.J.

In this case, we consider whether a defendant charged with carjacking, robbery, and theft, based upon the commission of a single act or course of conduct, may be convicted of multiple offenses. As we shall explain, we conclude that a defendant may be convicted of both carjacking and robbery, or of both carjacking and theft, but may not be convicted of both robbery and theft, based upon the commission of a single act or course of conduct.

I

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