People v. Peppars
California Courts of Appeal
189 Cal. Rptr. 879 (1983)
Relevant factsFree
An undercover deputy gave Byron Peppars (defendant) a key and information about a warehouse stocked and staged by police as a sting. Peppars's brother and an accomplice used the key to break in and load stolen goods, and Peppars had rented the truck used. Peppars was convicted of conspiracy to commit burglary (the jury deadlocked on attempted burglary). He appealed, arguing that because the deputy had effectively given consent to enter, the burglary was factually impossible.
IssueFree
Whether the factual impossibility of successfully committing a substantive crime is a defense to a charge of conspiracy to commit that crime.