Contreras

In this appeal, we hold the crime of carjacking (Pen. Code, § 215) is a necessarily lesser included offense within the crime of kidnapping to facilitate carjacking. (Pen. Code, § 209.5.) Since defendant was convicted of both crimes, we shall reverse the conviction for carjacking.

A jury convicted defendant of carjacking (Pen. Code, § 215—count 1 [hereafter all statutory references to sections of an undesignated code are to the Penal Code]), second degree robbery (§ 211—count II), and kidnapping to facilitate carjacking (§ 209.5—count III). As to each offense, the jury found defendant was armed with a firearm. (§ 12022, subd. (a).)

The court imposed a term of life imprisonment for kidnapping with a consecutive one year term for the armed enhancement, the middle term of five years for carjacking to run concurrently with the life term imposed for kidnapping, and the middle term of three years for robbery plus one year for the armed enhancement. The robbery term and accompanying armed enhancement were stayed pursuant to section 654 as was the armed enhancement annexed to the carjacking conviction.

On appeal, defendant contends (1) the conviction for carjacking must be…