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PEOPLE v. MONTOYA

No. S111662.

16 Cal.Rptr.3d 902 (2004)

94 P.3d 1098

33 Cal.4th 1031

The PEOPLE, Plaintiff and Respondent, v. RICARDO MONTOYA, Defendant and Appellant.

Supreme Court of California.

August 9, 2004.

Attorney(s) appearing for the Case

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

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Leahann Alcazar, Brian G. Smiley, Robert P. Whitlock and William K. Kim, Deputy Attorneys General, for Plaintiff and Respondent.

KENNARD, J.

California law prohibits convicting a defendant of two offenses arising from a single criminal act when one is a lesser offense necessarily included in the other. Here, the Court of Appeal held that unlawful taking of a vehicle (Veh.Code, § 10851) is not a lesser included offense of carjacking (Pen.Code, § 215)1 and affirmed defendant's convictions of both offenses. We agree.

I

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