California Court of Appeal for the Second District
279 Cal.Rptr. 59 (1991)
Sconce (defendant) conspired with a man named Sallard and a woman named Estephan to kill Estephan’s estranged husband. Sconce offered $10,000 to Garcia to kill the husband. Garcia in turn hired Dutton to commit the murder. Garcia and Dutton went to the husband’s home and determined that Dutton would place a bomb in the husband’s car. Three weeks after Sconce hired Garcia, Sconce instructed Garcia to disregard the plan. Sconce was subsequently charged with conspiracy to commit murder. Prior to trial, the court set aside the information, holding that it could not convict Sconce because he had effectively withdrawn from the conspiracy.
Rule of Law
Holding and Reasoning (Klein, J.)
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