Is a conspiracy to commit first-degree murder necessarily punishable under section 182 of the California Criminal Code?

'is necessarily "conspiracy to commit [premeditated] first degree murder"' [citation] and is therefore punishable in the same manner as first degree murder pursuant to the provisions of . . . section 182." (People v. Cortez (1998) 18 Cal.4th 1223, 1226.) Moreover, there was simply no evidence adduced at trial the killing of the victim was the result of being caught off guard. Nor did counsel argue this "fantastic[al]" theory to the jury. Thus, the court acted within its discretion in informing the jury that if it found Bustamante guilty of conspiracy to commit murder, he was necessarily guilty of first degree murder in Count 1.