Error and/or relief
The defendant was convicted of both carjacking and kidnapping for the purpose of carjacking for the same incident. He argues that the carjacking conviction must be reversed because it is a lesser included offense. We agree and reverse the carjacking conviction.
First Holding:
Carjacking is a necessarily lesser included offense of kidnapping during a carjacking.
Authority:
People v. Montes (2014) 58 Cal.4th 809, 898
In re B.J. (2020) 49 Cal.App.5th 646, 652
Second Holding:
When a defendant is convicted of a greater and a lesser included offense, reversal of the conviction for the lesser included offense is required.
Authority:
People v. Dowdell (2014) 227 Cal.App.4th 1388, 1416