Criminal Law Keyed to Lee
State v. Pacheco
Facts
Pacheco bragged to one of his co workers, Thomas Dillon, about various criminal activities he was involved in and when Dillon learned Pacheco was a deputy sheriff, he contacted the FBI about Pacheco’s activities, and volunteered to be an informant on Pacheco’s activities. The FBI and Dillon came up with a plan for Dillon to request that Pacheco work as his protection during a prospective drug deal, which Pacheco agreed to. When Dillon told Pacheco that he had been cheated out of his money during the drug deal, Pacheco offered to kill the individual who had cheated Dillon out of the money. Pacheco was to go down to the lobby to call and kill the buyer, but when he went to the lobby with a loaded gun he never called the buyer and went to leave and was subsequently arrested. Pacheco was charged with conspiracy to commit murder, attempted murder, and conspiracy to deliver a controlled substance. Conspiracy requires an agreement to commit a crime with intent of doing so and an overt act or substantial step toward commission of the crime. Pacheco was convicted of conspiracy to commit murder.
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