People v. Lee
California Court of Appeal, Fifth District
136 Cal.App.4th 522 (2006)
Relevant factsFree
Lee, incarcerated at a prison drug-treatment center, arranged with his wife for her to smuggle illegal drugs to him, and was convicted of conspiring to violate a statute that by its terms only restricted persons other than inmates from supplying drugs to prisoners; he argued that since he personally could not violate that substantive statute, he could not be guilty of conspiring to violate it either.
IssueFree
Whether, in general, an offense and conspiracy to commit that offense are treated as separate crimes, each of which carries its own punishment.