Is unlawful taking of a vehicle a lesser included crime than carjacking?

California, United States of America


The following excerpt is from People v. Hyuh Woo Lee, No. G041400 (Cal. App. 4/22/2010), No. G041400. (Cal. App. 2010):

Defendant argues People v. Montoya (2004) 33 Cal.4th 1031, supports his contention. In Montoya, the greater offense was carjacking and the lesser offense was unlawful taking of a vehicle. The court analyzed the situation as follows: "Applying the elements test to the two offenses here, the crime of unlawfully taking a vehicle is not a lesser included offense of carjacking because a person can commit a carjacking without necessarily committing an unlawful taking of a vehicle." (Id. at p. 1035.)

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