California Court of Appeals, First District, Fifth Division
Court of Solano County, No. VCR223074, Hon. James Moelk,
Jonathan Soglin and Kevin King, under appointment by the
Court of Appeal, for Defendant and Appellant.
D. Harris, Attorney General, Gerald A. Engler, Chief
Assistant Attorney General, Jeffrey M. Laurence, Senior
Assistant Attorney General, Bruce M. Slavin and Allan Yannow,
Deputy Attorneys General, for Plaintiff and Respondent.
Rayshaun Hudson stole an automobile from a dealer's
service garage by taking it without permission and driving it
out the exit. One of the dealer's employees
unsuccessfully attempted to pull appellant out of the moving
vehicle. Convicted of carjacking, appellant argues the trial
court's instruction to the jury on the definition of
“force” impermissibly allowed the jury to find
that the momentum of the car as appellant exited the showroom
satisfied the statutory requirement. Because the momentum of
the car was sufficient force to support the conviction, we
March 2015, the Solano County District Attorney filed an
information charging appellant with carjacking (Pen. Code,
§ 215, subd. (a)) and second degree commercial burglary
(§ 459). In May, a jury found appellant guilty on both
March 2016, the trial court imposed the high-term of 9 years
for carjacking and stayed the sentence for second-degree
burglary under section 654. The court suspended the sentence
and placed appellant on probation for 3 years.
February 14, 2015, appellant visited a car dealership in
Vallejo. The dealership's sales manager suspected
appellant had taken the key fob of a dealership car because
the key fob appellant returned to a salesperson (apparently
after a test drive) did not start the car. Following a
confrontation about the key fob, appellant left the
dealership. The car was moved to the service garage to be
re-keyed. The car was parked facing a wall with the garage
that day, appellant returned to the dealership and approached
the car in the service garage. He told a salesperson he had
lost his cell phone and the salesperson permitted him to
search for the phone inside the car. The salesperson asked
another dealership employee, Angel Ruiz-Maldonado, to keep an
eye on appellant.
Ruiz-Maldonado was standing behind the car and he heard the
engine start. He slammed his hands on the trunk and said,
“Hey. Stop. What are you doing, man?” He moved so
he would not get hit by the car reversing and then ran around
to the driver's-side door. With the car now moving in
reverse, Mr. Ruiz-Maldonado grabbed the door and opened it.
He tried to grab appellant, but failed due to the movement of
the car. The edge of the car door hit Mr.
Ruiz-Maldonado's arm, leaving a small mark.
continued in reverse and exited the garage at about 5 to 10
miles per hour. Appellant was subsequently ...