PEOPLE v. COLEMAN

Filed 1/23/07

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

            APPEAL from a judgment of the Superior Court of Los Angeles County.  Christopher  G. Estes, Judge.  Affirmed in part and reversed in part and remanded.

            California Appellate Project, Jonathan B. Steiner and Ronnie Duberstein, under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Robert F. Katz and Michael  J. Wise, Deputy Attorneys General, for Plaintiff and Respondent.

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            Appellant Christopher Coleman appeals from a judgment entered after a jury found him guilty of carjacking in violation of Penal Code section 215, subdivision (a)[1] (count 1) and second degree robbery in violation of section 211 (count 2).  The jury found true the allegations that appellant personally used a firearm in the commission of each offense.  (§ 12022.53, subd. (b).)  Appellant contends that there was insufficient evidence to support his conviction for carjacking because the victim did not have actual or constructive possession of the vehicle.

            We reverse appellant's conviction under section 215.  We conclude that the purpose of that statute is not served by applying it under these circumstances, where the victim's only connection to her employer's stolen automobile was her ability to access the automobile's keys left in her office of employment.  Section 215 was designed to address â€