State v. Sanchez

OPINION

GERBER, Presiding Judge.

In this case, we must determine whether “attempted conspiracy” is a cognizable offense under Arizona law. We find that it is not and vacate defendant’s judgment of convictions and sentences.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant David Sanchez (defendant) was indicted on two counts: possession of narcotic drugs for sale and conspiracy to sell narcotic drugs, both class 2 felonies. He pled guilty to attempted possession of narcotic drugs for sale and attempted conspiracy to sell narcotic drugs, both class 3 felonies enhanced by an allegation of a prior felony…