State v. Dent
Washington Supreme Court
869 P.2d 392 (1994)
After his girlfriend Ann Powell reported him for assault and got his parole revoked, Roland Dent (defendant) met fellow inmate Carlos Balcinde (defendant) in jail and the two discussed killing Powell; Dent later used his new girlfriend, Joyful Tryon, as a go-between, asking her to pass letters and a defaced handgun to Balcinde, set aside money to pay him, pick him up on release, and show him where Powell lived. Tryon's sons convinced her to alert police, and an officer posing as Tryon picked up Balcinde, who confirmed the murder plan and was arrested reaching for payment. Dent and Balcinde were convicted of conspiracy to commit first-degree murder after the trial court rejected their request for an instruction that the substantial-step element required more than mere preparation, and they appealed.
Whether the substantial-step element of conspiracy is satisfied by any act committed in furtherance of the conspiratorial agreement, without requiring the same more-than-mere-preparation showing that attempt requires.