P. v. Phinsavanh
Phonessavanh Phinsavanh appeals a judgment following his jury conviction of one count of carjacking (Pen. Code, § 215, subd. (a))[1] and one count of unlawful taking or driving a vehicle (Veh. Code, § 10851, subd. (a)). On appeal, he contends his carjacking conviction must be reversed because: (1) the evidence is insufficient to support findings that the victim possessed the vehicle at the time of the taking and Phinsavanh used force or fear to take the vehicle; and (2) the carjacking statute was not intended to address the circumstances in this case.
FACTUAL AND PROCEDURAL BACKGROUND
At about 12:00 p.m. on November 10, 2011, Marcus Neal parked his black Ford Expedition on the street in front of his grandmother's house on Hilltop Drive. He left its doors unlocked, its keys in the ignition, and its windows down. He went inside to assist his uncle in lifting his grandmother into bed in the front bedroom.
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