People v. Morocco

Defendant James Perry Morocco appeals after a jury found him guilty of two counts of solicitation of murder (Pen. Code, § 653f) and one count of sale of a substitute in lieu of a controlled substance (Health & Saf. Code, § 11355). The principal issue is whether Moroccos request to have an acquaintance kill two specifically named individuals constitutes one or two counts of solicitation of murder. By analogy to the crime of conspiracy and consistent with prior California precedent, we conclude Morocco may only be properly convicted of one count of solicitation and accordingly, we order stricken his conviction on the second count. As to Moroccos