California, United States of America
The following excerpt is from People v. Juarez, 174 Cal.Rptr.3d 167 (Cal. App. 2014):
4 And although a conspiracy charge need not be pleaded, it cannot be said that the attempted murder charge impliedly set forth a conspiracy claim of conspiring to attempt murder. "This is because the targeted crime of the conspiracy, attempted murder, requires a specific intent to actually commit the murder, while the agreement underlying the conspiracy pleaded to contemplated no more than an ineffectual act. No one can simultaneously intend to do and not do the same act, here the actual commission of a murder. This inconsistency in required mental states makes the purported conspiracy to commit attempted murder a legal falsehood." (People v. Iniguez (2002) 96 Cal.App.4th 75, 77, 116 Cal.Rptr.2d 634.)
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