C.A. Says Carjacker’s Gashed Head, Repeating Self, Not Enough for ‘Unconsciousness’ Defense

Div. Eight of this district’s Court of Appeal has affirmed the conviction of a man who was accused of committing a carjacking that occurred just after he crashed his own vehicle into a freeway barrier, rejecting his contention that a judge erred in failing to instruct on an “unconsciousness” defense based on witness testimony indicating that the suspect had a gash to his head, was repeating himself, and had insisted the victim’s car was his own.