People v. Sconce

228 Cal.App.3d 693 (1991)

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Nature of the Case

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Facts

Sconce (D) did not like Estephan because he had slapped Cindy Strunk. Estephan and Cindy Strunk (Cindy) were separated. D asked Pollerana if he would kill Estephan for $10,000, but Pollerna did not take D's offer seriously. Two weeks later Pollerana had a conversation with Bob Garcia where Garcia said D had offered him $10,000 to kill Estephan. Pollerana told Garcia, ''I wouldn't do it.'' A few days later, Garcia showed Pollerana the address to Estephan's house and Pollerana drove Garcia there. Garcia testified he also worked for D. One day at the crematorium D asked Garcia 'about someone being murdered, and if I knew anyone who would do it.' Sconce told him 'a friend wanted someone killed.' D offered Garcia $10,000 or $15,000 to commit the murder. Garcia told D he would either find someone to do it or that he would do it himself. In a telephone, conversation D told Garcia that Estephan 'had a large insurance policy and he just wanted him murdered to collect the insurance money.' Approximately one-week later D and Garcia went to a Jack-In-The-Box across the street from Estephan's gas station. D used binoculars to point Estephan out to Garcia. D later gave Estephan's address to Garcia. One night shortly thereafter, Garcia and Pollerana drove to Estephan's house. Garcia contacted Dutton, an ex-convict about committing the offense. Dutton agreed to do the job for $5,000. That same night Garcia and Dutton drove to Estephan's house. On the way there they discussed whether to blow up Estephan's car or shoot him on the freeway. They settled on the former because Dutton had explosives and no one would have to pull the trigger. They intended to plant the bomb, run a wire to it from three houses away, and wait for Estephan. Conversations between D and Garcia about the matter were brief but continued over a three-week period. Three weeks after D's initial conversation with Garcia, D 'just called it off. He said just forget about it, disregard doing it.' Dutton had been arrested on a parole violation. Dutton spilled the beans. D was also placed by a witness staking out the gas station. P filed an information alleging conspiracy to commit murder. The information asserted six overt acts committed between September 1 and 16, 1985. The trial court found that there had been a conspiracy, but it granted D's motion to set the information aside on grounds of withdrawal. P appealed.