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Name: People v. Duran
Case #: G024274
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/14/2001
Subsequent History: Rehg. den. 8/22/01

Appellant forced the driver of a car back into the car at gunpoint, and ordered him to drive. The driver’s wife and baby were also in the car. The court held that a felonious taking under the carjacking statute can occur when the victim remains with the car. A taking occurs when the defendant exercises dominion and control over the car by ordering the victim to drive and directing him where to go. The court reversed a single conviction for carjacking as a necessarily included offense of the three kidnaping for carjacking convictions. The court also rejected the argument that the baby could not be kidnaped because it was not old enough exercise a free will which could be overborne. It is enough that the taking and carrying away be done with an illegal intent, and here defendant entered the car intending to commit a crime; he also pointed the gun at the baby’s head.