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Name: People v. Montoya
Case #: F039071
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/25/2002
Subsequent History: Rev. granted 1/15/03: S111662

Vehicle theft under Vehicle Code section 10851 is not a lesser included offense to carjacking under Penal Code 215 because carjacking can be committed without committing a vehicle theft. Carjacking is more nearly a crime against the person rather than a crime against property. Vehicle theft is a crime against ownership, and thus an owner of a car may commit a carjacking of his own car from the possession of someone to whom the owner has entrusted it, but not commit vehicle theft.