State v. Garcia
Kansas Supreme Court
376 P.3d 94 (2016)
A confidential informant told the Kansas Bureau of Investigation that David Garcia (defendant) was a drug dealer reachable through his girlfriend, Mickashell Knapp, if he couldn't be reached directly. Using an undercover phone call, the informant arranged a drug buy with Knapp without an actual purchase occurring, and police then executed a search warrant, finding drugs and paraphernalia when Garcia and Knapp arrived. Garcia was convicted of conspiracy to distribute drugs, among other charges, and appealed, challenging the sufficiency of the conspiracy evidence.
Whether a conspiracy conviction requires proof that the defendant agreed with another to commit or assist a crime and that the defendant or a coconspirator committed an overt act to further the conspiracy.