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Name: People v. Medina
Case #: S137055
Court: CA Supreme Court
District CalSup
Opinion Date: 07/09/2007
Summary

A completed carjacking is not a prerequisite for an attempt to violate section 209.5, subdivision (a) [kidnap during the commission of a carjacking]. Appellant attempted to take a vehicle from the victim, while her sleeping husband and children were in it. The victim successfully got appellant out of the car, and he ran away. He was convicted of attempted kidnaping during the commission of a carjacking. On appeal, he argued that his conviction had to be reversed because the offense required a completed carjacking for which there was insufficient evidence. The appellate court affirmed, finding that an attempt to kidnap during the commission of a carjacking required only that the perpetrator intend to commit each of the combined offenses and make an ineffectual act towards accomplishment of the kidnap during the commission of the carjacking. The Supreme Court granted review and affirmed. A completed carjacking is not required for an attempt to violate section 209.5, subdivision (a). There was evidence of appellant’s specific intent to kidnap the victim’s family to facilitate a carjacking, and sufficient evidence of appellant’s direct but ineffectual acts to commit the crime. The Court also held that attempted carjacking and attempted kidnaping are lesser included offense of attempted kidnaping during the commission of a carjacking. Therefore, appellant’s conviction for the lesser included offense of attempted carjacking had to be reversed.