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(Created page with " ==Robbery== ==Carjacking== People v. Duran (2001) 88 Cal.App.4th 1371 (1) as a matter of apparent first impression, a “felonious taking” of a motor vehicle, as element of carjacking, can occur when the victim remains with the vehicle; (2) carjacking was necessarily included offense within kidnapping-for-carjacking charge;") |
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(1) as a matter of apparent first impression, a “felonious taking” of a motor vehicle, as element of carjacking, can occur when the victim remains with the vehicle; (2) carjacking was necessarily included offense within kidnapping-for-carjacking charge; | (1) as a matter of apparent first impression, a “felonious taking” of a motor vehicle, as element of carjacking, can occur when the victim remains with the vehicle; (2) carjacking was necessarily included offense within kidnapping-for-carjacking charge; | ||
Defendant, by ordering motorist to drive at gunpoint, satisfied the dominion and control requirement for a “felonious taking” of the vehicle, as element of carjacking, though the motorist and passengers remained in the vehicle. West's Ann.Cal.Penal Code § 215(a). | |||
Revision as of 14:42, 15 March 2023
Robbery
Carjacking
People v. Duran (2001) 88 Cal.App.4th 1371
(1) as a matter of apparent first impression, a “felonious taking” of a motor vehicle, as element of carjacking, can occur when the victim remains with the vehicle; (2) carjacking was necessarily included offense within kidnapping-for-carjacking charge;
Defendant, by ordering motorist to drive at gunpoint, satisfied the dominion and control requirement for a “felonious taking” of the vehicle, as element of carjacking, though the motorist and passengers remained in the vehicle. West's Ann.Cal.Penal Code § 215(a).