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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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NOT TO BE PUBLISHED.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.
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