Vargas

I. Introduction

Defendant, Robert Vargas, appeals from his convictions for: two counts of carjacking (Pen. Code, 1 § 215, subd. (a)); two counts of second degree robbery (§ 211); and a single count of assault with a deadly weapon. (§ 245, subd. (a)(1).) The jury also found that defendant personally used a deadly and dangerous weapon in the commission of the two carjackings and second degree robberies. (§ 12022, subd. (b)(1).) In the published portion of this opinion, we address the question of whether defendant may be convicted of the completed crime of carjacking when he was unable to make the car move after gaining possession of it. Our resolution of this question depends upon the meaning of the term “felonious taking” in section 215, subdivision (a). We conclude there is no substantial evidence of any asportation or movement of the automobile defendant tried to carjack. We therefore reduce his conviction to that of attempted carjacking.

*459 II. Factual Background

We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319 [ 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 ]; People v. Osband (1996) 13 Cal.4th 622, 690 [ 55…