Theft

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).