Is Vehicle Code section 10851 a lesser included crime of grand theft under section 490.2?
California, United States of America
The following excerpt is from People v. Orman, H043563 (Cal. App. 2017):
Defendant correctly notes that Vehicle Code section 10851 is a lesser included offense of section 487, grand theft auto (People v. Buss (1980) 102 Cal.App.3d 781, 784), which is subject to section 490.2. He contends that because section 490.2 applies to the greater offense, it would be anomalous to conclude that section 490.2 does not also apply to the lesser included crime proscribed by Vehicle Code section 10851. Not so. As a
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