Logo
Searching Tips

When searching Forecite California, there are shortcuts you can take to find the information you are looking for:

1. By Code Section:

Forecite uses standard abbreviations for different types of codes. Those abbreviations can be found below:

Codes:
CCR California Code of Regulations
Corp C Corporations Code
EC Evidence Code
FG Fish and Game Code
GC Government Code
HN Harbors & Navigation Code
HS Health & Safety Code
PC Penal Code
RT Revenue & Tax Code
VC Vehicle Code
WI Welfare & Institutions Code

Using these codes to search is very simple. For example, if you wanted to search for Penal Code section 20, you would type PC 20 into the search box.

2. By CALJIC Number:

Since Forecite is indexed to CALJIC, searching for CALJIC numbers is easy. For example, to search for CALJIC 3.16, you would type 3.16 into the search box.

3. By Case Name or Citation:

To find a case or citation, simply enter all or part of the case’s citation. Since many cases are known only by one name involved, it is often helpful to not search for the entire citation. For example, if you were searching for references to People v. Geiger (84) 35 C3d 510, 526 [199 CR 45], you could search for People v. Geiger or just Geiger. Searching for Geiger might be more helpful since it would find references to the case that do not include the full citation.

  • Contact Us
  • Log In
  • My Account

  • Home
  • Firm Overview
  • Attorney Profiles
  • Practice Areas
  • Verdicts & Settlements
  • News & media
  • Blog
  • Contact

Back to  Previous Page
Back to top

Return to CALJIC Part 9-12 – Contents

F 9.54.1 n1 Simple Carjacking As Lesser Charge Of Kidnapping For Carjacking.

The crime of carjacking (PC 215) is a necessarily lesser included offense within the crime of kidnapping to facilitate carjacking (PC 209.5). (See People v. Contreras (97) 55 CA4th 760.)


F 9.54.1 n2 Carjacking: Constitutional Challenge To “From The Vicinity” Language Of PC 209.5.

The “vicinity” language of PC 209.5 is subject to constitutional challenge on vagueness grounds. (But see People v. Moore (99) 75 CA4th 37 [88 CR2d 914] [rejecting argument that the term “vicinity” is unconstitutionally vague]; see also People v. Ervin (97) 53 CA4th 1323 [62 CR2d 231] [robbery in vicinity of ATM machine]; People v. Superior Court (Caswell) (88) 46 C3d 381, 400 [250 CR 515] [phrase “in or about”].)

CAVEAT: Even though this argument has been rejected by a intermediate state appellate court it may still be viable in other state courts or federal court.

[See Brief Bank # B-820 and ask for Brief Bank # B-747 for briefing on this issue

.]

(See also FORECITE F 9.55 n1.)


F 9.54.1 n3 Increase In Harm To Victim Must Be Substantial.

[See Brief Bank # B-821 for briefing on this issue.]


F 9.54.1 n4 Kidnapping During Carjacking (PC 209.5): Includes Kidnapping To Effect Escape Or Prevent Sounding Of Alarm.

(See FORECITE F 9.50 n11.)


F 9.54.1 n5 Kidnapping For Carjacking: No Requirement That Movement “Substantially” Increase The Risk Of Harm To The Victim.

See People v. Ortiz (2002) 101 CA4th 410 [124 CR2d 92] [statute (PC 209.5) does not require that physical movement of victim “substantially” increase risk of harm to victim].


F 9.54.1 n6 Kidnapping For Carjacking (PC 209.5): Completed Carjacking Is A Required Element.

Neither a completed kidnapping nor a completed carjacking is necessary to convict the defendant of attempted kidnapping during the commission of a carjacking. (See People v. Medina (2007) 41 C4th 685.)


F 9.54.1a

Kidnap For Carjacking: Non-Incidental Movement As Distinct Element

(PC 209.5)

*Add the following to the numerical list of elements specified in CJ 9.54.1:

[See FORECITE F 9.52.1a]

  • Register as New User
  • Contact Us
© James Publishing, Inc. (866) 72-JAMES