Medina

Several Courts of Appeal have held that the crime of kidnapping during the commission of a carjacking (Pen. Code, § 209.5, subd. (a); hereafter section 209.5(a)), requires a completed carjacking. (People v. Contreras (1997) 55 Cal.App.4th 760, 765 [ 64 Cal.Rptr.2d 233 ] (Contreras); see also People v. Jones (1999) 75 Cal.App.4th 616, 626 [ 89 Cal.Rptr.2d 485 ] (Jones), following Contreras.) We must decide whether attempted kidnapping during the commission of a carjacking also requires a completed carjacking, and whether attempted carjacking and attempted kidnapping are lesser included offenses of an attempt to violate section 209.5(a). For reasons that follow, we conclude that a completed carjacking is not a prerequisite for an attempt to violate section 209.5(a), and that attempted carjacking and attempted kidnapping are lesser included offenses of an attempt to violate section 209.5(a).

Factual and Procedural Background

On September 5, 2002, Long Beach Police Officer Mauk observed defendant Juan Manuel Medina recklessly driving northbound in southbound lanes. When he and another officer stopped defendant, defendant exited his vehicle and ran, refusing to stop as…