No. S055733.

77 Cal.Rptr.2d 733 (1998)

960 P.2d 537

18 Cal.4th 1223

The PEOPLE, Plaintiff and Respondent, v. Mario Alberto CORTEZ, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied October 14, 1998.

Attorney(s) appearing for the Case

Wesley A. Van Winkle, under appointment by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Kenneth C. Byrne, John R. Gorey and A. Scott Hayward, Deputy Attorneys General, for Plaintiff and Respondent.

BAXTER, Justice.


In People v. Swain (1996) 12 Cal.4th 593, 49 Cal.Rptr.2d 390, 909 P.2d 994 (Swain), we held that the crime of conspiracy to commit murder requires a finding of unlawful intent to kill, i.e., express malice, and that such offense cannot be committed if the underlying criminal objective is second...

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