California Court of Appeal

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PEOPLE v. INIGUEZ, C037230

The inconsistency in required mental states, between simultaneously intending to do and not do the same act, makes the purported conspiracy to commit attempted murder a legal falsehood, thus defendant's conviction of this crime was reversed.

Appellate Information

  • Decided 02/11/2002
  • Published 02/11/2002

Judges

  • DAVIS, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  •  Susan K. Keiser, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, John G. McLean, Supervising Deputy Attorney General,  and Mark A. Johnson, Deputy Attorney General, for Plaintiff and Respondent.
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