California, United States of America
The following excerpt is from People v. Garcia, E057279 (Cal. App. 2016):
The crime of conspiracy to commit attempted murder does not exist. "This is because the crime of attempted murder requires a specific intent to actually commit the murder, while the agreement underlying [such a] conspiracy . . . contemplate[s] 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." (People v. Iniguez (2002) 96 Cal.App.4th 75, 79.) "Stated another way, under a traditional conspiracy approach, one cannot conspire to try to commit a crime. An agreement to commit a crime is required, even if nothing more than an overt act is ultimately done." (People v. Johnson (2013) 57 Cal.4th 250, 264.)
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