Can a carjacker who carjacks a car containing more than one person be found guilty of carjacking as to each person?

California, United States of America


The following excerpt is from People v. Montero, 48 Cal.App.4th 1524, 56 Cal.Rptr.2d 303 (Cal. App. 1996):

5 Of course, carjacking and robbery are related, and some of their elements are parallel. Where that is so, analogies to robbery are useful. (See People v. Hamilton (1995) 40 Cal.App.4th 1137, 1140-1145, 47 Cal.Rptr.2d 343 (carjacker who carjacks a car containing more than one person is guilty of carjacking as to each person, just as robber who robs more than one person may be convicted and sentenced for robbery as to each person).)

6 We expressly limit ourselves to the carjacking context. We do not address the movement requirement as necessary to completed auto thefts ( 487h), unlawful vehicle takings, or joyridings ( 499b). (See People v. Frye (1994) 28 Cal.App.4th 1080, 1086-1090, 34 Cal.Rptr.2d 180.) We also note carjacking requires a taking. (Cf. 499b, which requires either a taking or driving.)

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