People v. Nelson
240 Cal. App. 4th 488 · 2015
Facts
Defendant Eric Scott Nelson, undergoing a contentious divorce, discussed his marital problems with his tenant and friend, Laura Tatarzyn. After Tatarzyn mentioned a hit man for her own boyfriend, Nelson asked her to find a hit man to kill his wife, suggesting a 'two-for-one deal.' Tatarzyn informed Nelson's wife, who then contacted the police. An undercover officer, Juan Anguiano, posed as the hit man and contacted Nelson, who confirmed he had a 'job' for him and agreed to meet, bringing a photograph, address, and $300. However, Nelson's girlfriend, Vivian Levinson, learned of the plan and threatened to leave him, causing him to cancel the meeting. Nelson was subsequently arrested for solicitation of murder.
Issue
Does soliciting a second person to solicit an unnamed third person to commit murder constitute the crime of solicitation of murder?
Holding
Yes, the court held there was sufficient evidence that the defendant solicited Tatarzyn to commit murder, thereby affirming the conviction for solicitation of murder.
Rule
The crime of solicitation of murder, under Penal Code section 653f, subdivision (b), requires intent that the crime be committed and the asking of another to commit or join in its commission. This includes soliciting a second person to solicit a third person to commit the crime, as the second person would be complicit. The solicitation is complete upon the asking, regardless of whether the solicited party accepts or fulfills any conditions, and the intent can be inferred from the circumstances.
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