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People v. Sconce

California Court of Appeal for the Second District

279 Cal.Rptr. 59 (1991)

Relevant factsFree

Sconce (defendant) conspired with Sallard and Estephan to kill Estephan's estranged husband, offering Garcia $10,000 to do it; Garcia then hired Dutton, who planned to bomb the husband's car. Three weeks later Sconce told Garcia to abandon the plan. Sconce was charged with conspiracy to commit murder. The trial court dismissed the charge, reasoning Sconce had effectively withdrawn from the conspiracy.

IssueFree

Whether withdrawal from a conspiracy is a complete defense to the crime of conspiracy when it occurs after the commission of an overt act.

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