California Supreme Court

The People, Plaintiff and Respondent v. Jerrold Elwin Johnson, D — Werdegar, J., Concurring in Part and Dissenting…

February 26, 201560 Cal. 4th 966

Summary

Justice Werdegar, concurring in part and dissenting, would not uphold the carjacking conviction and related special-circumstance finding because section 215's immediate-presence requirement must reflect carjacking's distinct focus on violent confrontations involving vehicle occupants. She concluded that taking a car from a garage by force directed at a person inside a house constitutes robbery but not carjacking. She would affirm the judgment in all other respects. Justice Liu concurred in this separate opinion.