Is implied malice permitted a jury to convict a defendant of conspiracy to commit murder?
California, United States of America
The following excerpt is from People v. Baker, F069987 (Cal. App. 2017):
Appellant argues the murder instruction under CALCRIM No. 520, which included implied malice, permitted the jury to find him guilty of conspiracy based on less than the requisite intent to kill. Citing People v. Swain (1996) 12 Cal.4th 593 (Swain), the parties agree, as do we, that instructional error occurred in count 14 because the trial court did not clarify that a conviction of conspiracy to commit murder cannot be based on a theory of implied malice.
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