Marquez

The issue in this case is whether attempted grand theft auto is a lesser included offense of attempted carjacking. We conclude that it is not, and affirm the judgment before us on this appeal.

FACTS

Monica Montecino, driving her parents’ Ford pickup truck, was stopped at the bottom of a freeway off-ramp when she was hit from behind by a Suburban. Montecino pulled into a gas station, grabbed her keys, and got out of the truck. As she was inspecting the damage, Jesse Anthony Marquez walked up to the truck’s open door, got into the driver’s seat, and closed the door. Montecino banged on the window and yelled at Marquez. She realized she could not see his hands and that “this could get bad,” but stayed there and yelled for help.

Henry Morales heard Montecino and saw Marquez inside the truck. Words were exchanged. Marquez got out of the truck, pulled out a knife, and lunged at Morales. Montecino saw the knife, jumped into the truck, shut the door, called 911 (but hung up after being placed on hold) and started honking the horn. When Morales started to defend himself, Marquez said he was “going to go call [his] friends.” Morales told him to “go ahead” and promised to wait…