Does section 190.2 of the California Criminal Code apply to the crime of conspiracy to murder?
California, United States of America
The following excerpt is from People v. Hernandez, 134 Cal.Rptr.2d 602, 30 Cal.4th 835, 69 P.3d 446 (Cal. 2003):
Whether the special circumstances in section 190.2 apply to the crime of conspiracy to murder is a question of statutory construction. In construing statutes, we seek to ascertain and effectuate legislative intent. (People v. Gardeley (1996) 14 Cal.4th 605, 621, 59 Cal.Rptr.2d 356, 927 P.2d 713.) We begin with the text
[134 Cal.Rptr.2d 623]
of statutes because the words used are generally the most reliable indicator of legislative intent. (Ibid.)[134 Cal.Rptr.2d 623]
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