People Vs. Palmer 2013 Cal. LEXIS 4341
FACTS: The defendant, Aaron Palmer, was convicted of multiple felonies for having fired gunshots at several victims. The district court sentenced Palmer to the Department of Corrections for a substantial period of time and imposed a concurrent term for the single count of conspiracy to commit reckless manslaughter that is at issue here. On appeal, Palmer argued that conspiracy to commit reckless manslaughter is not a legally cognizable crime in Colorado. Noting that conspiracy is a crime requiring a specific intention to achieve the forbidden result and ...view middle of the document...
A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.” § 18-1-501(3).
ANALYSIS: The crime of conspiracy requires two mental states. First, the defendant must possess the specific intent to agree to commit a particular crime. Second, the defendant must possess the specific intent to cause the result of the crime that is the subject of the agreement. Specific intent is an integral part of the crime and must be established with the same certainty as any other material element of the crime. The People argue that the crime of conspiracy to commit reckless manslaughter, if recognized, would not require the defendant to specifically intend the death of the victim, and therefore such an offense would not be a logical impossibility. We disagree. Although a superficial reading of the conspiracy statute might support the People's argument, it is necessary to analyze the statute together with the legislative definition of specific intent and with our prior case law interpreting the crime of conspiracy in Colorado. In doing so, we reach the conclusion that a crime of conspiracy to commit reckless manslaughter would indeed pose a legal and logical conflict that is irreconcilable
CONCLUSION: conspiracy to commit reckless manslaughter is not a cognizable crime.