Magallanes

Introduction

Defendant Salvador Magallanes appeals from a judgment of conviction of carjacking and receipt of stolen property. Defendant argues the trial court erred in failing to grant his motion for a judgment of acquittal. We conclude, to the contrary, there was sufficient evidence defendant committed the carjacking by use of force or fear, and we affirm the conviction for carjacking.

Defendant also argues he was improperly convicted of both carjacking and receipt of stolen property because the stolen property was the same car taken during the carjacking. We agree. Based on the language of the applicable statutes, the essence of the crime of carjacking, like that of theft and robbery, is the taking of the personal property of another. Penal Code section 496, subdivision (a) prohibits a conviction for both theft and receipt of the same stolen property. Therefore, we hold defendant could not be convicted of both carjacking and receipt of stolen property when the stolen property is the vehicle taken in the carjacking. Accordingly, we reverse defendant’s conviction for receipt of stolen property. We publish this as a case of first impression on the applicability of…