People v. Contreras

In People v. Contreras (1997) 55 Cal.App.4th 760, the victim was walking to her car when the defendant's brother placed a gun to her back and ordered her into her car. The victim got into her car and the defendant's brother and the defendant got into the back seat. The defendant's brother held a gun to the victim's head. The defendant took various items from the victim. (People v. Contreras, supra, at pp. 762-763.) The defendant then drove the car while his brother held a gun to the victim's head. At one point, the victim was ordered out of the car. Her car was found the next day. (Id. at p. 763.) The question in Contreras was whether carjacking (Pen. Code, 215) was a necessarily lesser included offense within the crime of kidnapping to facilitate carjacking (Pen. Code, 209.5). The court held that it was, and concluded that "a violation of Penal Code section 209.5 'during the commission of a carjacking' requires a completed offense of carjacking. Therefore, carjacking is necessarily included in a violation of Penal Code section 209.5." (People v. Contreras, supra, 55 Cal.App.4th at p. 765.) Accordingly, the court upheld the conviction of Penal Code section 209.5, but reversed the conviction of Penal Code section 215.