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PEOPLE v. LOPEZ

No. S106681

6 Cal.Rptr.3d 432 (2003)

79 P.3d 548

31 Cal.4th 1051

The PEOPLE, Plaintiff and Respondent, v. Daniel Sapien LOPEZ, Defendant and Appellant.

Supreme Court of California

November 24, 2003

Attorney(s) appearing for the Case

Joseph Shipp, Sebastapol, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Jo Graves, Assistant Attorney General, Patrick J. Whalen, Michael A. Canzoneri and Brian G. Smiley, Deputy Attorneys General, for Plaintiff and Respondent.

CHIN, J.

The crime of carjacking requires the "felonious taking" of a motor vehicle. (Pen.Code, § 215.)1 Similarly, the crime of robbery requires the "felonious taking" of personal property. (§ 211.) California courts, following common law, have long held that the "taking" element of robbery requires that a defendant gain possession of the victim's property and asport or carry it away. (See People v. Cooper (1991...

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