Is there a conspiracy to commit attempted murder?

Conspiracy to commit attempted murder is a "conclusive legal falsehood, ... a nonexistent offense." (People v. Iniguez (2002) 96 Cal.App.4th 75, 79.) "[T]he crime of attempted murder requires a specific intent to actually commit the murder, while the agreement underlying [a] conspiracy [to commit attempted murder] contemplate[s] no more than an ineffectual act. No one can simultaneously intend to do and not do the same act, here the actual commission of a murder." (Ibid.) Put differently, "one cannot conspire to try to commit a crime" because conspiracy requires an agreement to commit a crime, not an agreement to attempt to commit a crime. (People v. Johnson (2013) 57 Cal.4th 250, 264.) No error occurred by not instructing on this nonexistent offense.

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