Supreme Court of California

Defendant's appeal contesting the "felonious taking" element of the crime of carjacking of a motor vehicle (Pen. Code section 215) when defendant did not start or move the car is reversed, as it was held that the felonious taking element of the crime of carjacking, like robbery, requires asportation or movement of the motor vehicle.

Appellate Information

• Decided 11/24/2003
• Published 11/24/2003

Judges

• CHIN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
•  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.