Can a defendant be punished for both conspiracy to commit murder and the lesser charge of attempted murder?

California, United States of America


The following excerpt is from People v. Nguyen, C052581 (Cal. App. 11/9/2007), C052581 (Cal. App. 2007):

In this case, defendant was convicted of conspiracy to commit murder and three attempted murders. Technically speaking, defendant was not convicted of both conspiracy to commit an offense and the offense, inasmuch as attempted murder is not murder. However, it makes little sense to say a defendant cannot be punished for both conspiracy to commit murder and murder but can be punished for both conspiracy to commit murder and the lesser offense of attempted murder. Since both conspiracy to commit murder and attempted murder under the facts of this case were part of a continuous course of conduct and had but one objective and intent, only one punishment is permitted. (See People v. Harrison (1989) 48 Cal.3d 321, 335.)

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