Can a defendant be found guilty of conspiracy to commit crimes if they withdrew from the conspiracy before any overt act was committed?

CALCRIM No. 419 applies when the defendant joined an existing conspiracy, and instructs the jury that acts or statements by the coconspirators before the defendant joined the conspiracy cannot be considered to prove the defendant is guilty of any crimes committed before he or she joined the conspiracy. (People v. Marks (1988) 45 Cal.3d 1335, 1345.) Because there was no evidence defendant joined an existing conspiracy after some crime or crimes had been committed, this instruction was irrelevant and unnecessary.

CALCRIM No. 420 advises the jury the defendant cannot be guilty of conspiracy to commit crimes if he or she withdrew from the conspiracy before any overt act was committed. (People v. Belmontes (1988) 45 Cal.3d 744, 790-791.) Again, there was no evidence of defendant's withdrawal from the conspiracy before an overt act was committed, and, therefore, the trial court did not err by failing to instruct the jury with CALCRIM No. 420.