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PEOPLE v. MONTOYA

No. F039071.

126 Cal.Rptr.2d 427 (2002)

103 Cal.App.4th 25

The PEOPLE, Plaintiff and Respondent, v. Ricardo Elizalde MONTOYA, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Review Granted January 15, 2003.

Attorney(s) appearing for the Case

Athena Shudde, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Leahann Alcazar and William Kim, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

VARTABEDIAN, Acting P.J.

Defendant Ricardo Elizalde Montoya was convicted of carjacking (Pen.Code, § 215), vehicle theft (Veh.Code, § 10851, subd. (a)), and evading a police officer (Veh.Code, § 2800.2). The trial court stayed defendant's sentence for the vehicle theft pursuant to Penal Code section 654. Defendant claims vehicle theft is a lesser included offense to carjacking and thus the conviction for the vehicle theft must be reversed...

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