People v. Lopez

118 Cal.Rptr.2d 539 (2002)

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Nature of the Case

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Facts

Wa Vue Yang was sitting in the driver's seat of his parked vehicle when D approached the driver's side of the vehicle and asked Yang if he wanted to buy a watch. Yang declined, and D pulled out a gun and fired it at the ground. D pointed the gun at Yang's face and told him to get out of the vehicle. Yang got out of the vehicle. Leaving the keys in the ignition, Yang started to walk away. D got into the vehicle, throwing his backpack onto the passenger seat. Yang realized he had left some checks in the vehicle. He turned around, returned to the vehicle and confronted D. He was not as afraid of the gun as he was initially because, after thinking about it, he thought the gun was an air gun. D pointed a gun at Yang and pulled the trigger twice; the gun did not fire. D fled. D was convicted and appealed contending that asportation was required for carjacking.