People v. Duarte CA2/2

Opinion

Filed 8/28/26 P. v. Duarte CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO THE PEOPLE, B350288

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. 24CMCF00184)

CHRISTIAN DUARTE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Carol J. Najera, Judge. Affirmed in part, reversed in part, and remanded with directions. Olivia Meme, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland and Susan Sullivan Pithey, Assistant Attorneys General, Wyatt E. Bloomfield and Lindsay Boyd, Deputy Attorneys General, for Plaintiff and Respondent. _________________________________________ Christian Duarte was convicted of both carjacking and kidnapping for the purpose of carjacking for the same incident. He argues that the carjacking conviction must be reversed because it is a lesser included offense. We agree and reverse the carjacking conviction. RELEVANT BACKGROUND A jury convicted appellant of both carjacking (§ 215, subd. (a))1 and kidnapping for carjacking (§ 209.5, subd. (a)). The trial court sentenced him to life in state prison with the possibility of parole for the kidnapping and imposed but stayed a sentence of five years for the carjacking. DISCUSSION The People concede and we agree that “carjacking is a necessarily lesser included offense of kidnap[ping] during a carjacking” (People v. Montes (2014) 58 Cal.4th 809, 898; accord, In re B.J. (2020) 49 Cal.App.5th 646, 652), and “[w]hen a defendant is convicted of a greater and a lesser included offense, reversal of the conviction for the lesser included offense is required” (People v. Dowdell (2014) 227 Cal.App.4th 1388, 1416).

1 Undesignated statutory references are to the Penal Code.

2 DISPOSITION The carjacking conviction is reversed. In all other respects, the judgment is affirmed. The matter is remanded for the trial court to prepare an amended abstract of judgment and forward it to the California Department of Corrections and Rehabilitation. NOT TO BE PUBLISHED.

LUI, P. J. We concur:

CHAVEZ, J.

GOORVITCH, J.