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Name: People v. Marquez
Case #: B185942
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 06/27/2007
Summary

As considered in this case, attempted grand theft auto is not a lesser included offense of attempted carjacking. Defendant was charged with attempted carjacking with the pleading language being defendant attempted to take the victim’s vehicle “with the intent to permanently and temporarily deprive” the victim of her car. Attempted grand theft auto requires the specific intent to permanently deprive the victim of possession of her car whereas attempted carjacking can be committed with the intent to either temporarily or permanently deprive the victim of her car. Because attempted carjacking can be committed without an intent to permanently deprive the victim of her car, under both the elements test and the pleadings test (People v. Birks (1998) 19 Cal.4th 108, People v. Reed (2006) 38 Cal.4th 1224), attempted grand theft auto is not a lesser included to attempted carjacking and it was not error for the trial court not to instruct as to a lesser of attempted grand theft auto.