In what circumstances will a conspiracy to commit second-degree murder be disapproved?
California, United States of America
The following excerpt is from People v. Medrano, 2d Crim. B306749 (Cal. App. 2021):
[3] In People v. Cortez (1998) 18 Cal.4th 1223, 1235, 1237-1238, Horn was disapproved to the extent it indicated that conspiracy to commit second degree murder' is a viable offense. Cortez held that all conspiracy to commit murder is necessarily conspiracy to commit premeditated and deliberated first degree murder. (Id. at p. 1237.)
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