Jump to content

People v. Saephanh

From Wikipedia, the free encyclopedia

People v. Saephanh
CourtCalifornia Court of Appeals
Full case name The People, Plaintiff and Respondent, v. Lou Tong Saephanh, Defendant and Appellant.
DecidedApril 28, 2000 (2000-04-28)
Citations80 Cal. App. 4th 451; 94 Cal. Rptr. 910
Court membership
Judges sittingNikolas Dibiaso, Thomas A. Harris, Joseph Kalashian[a]
Case opinions
Decision byHarris
ConcurrenceDibiaso, Kalashian

People v. Saephanh, 80 Cal. App. 4th 451, 94 Cal. Rptr. 910 (2001), is a United States criminal case in which it was determined that solicitation of another person to commit a crime can occur even if the solicitation is never communicated to that person.[1]: 702  Saephanh conceived a child with a woman, was imprisoned, and from prison wrote a letter soliciting another person to attack the woman to terminate the pregnancy.[1]: 702  The letter was intercepted by a prison official before it was delivered. The court held that solicitation did not occur, but that "attempted solicitation" did, even though this was a doubly inchoate crime (i.e., neither the attack nor the communication actually occurred).[1]: 702 

Notes

[edit]
  1. ^ Appointed from Tulare Superior Court

References

[edit]
  1. ^ a b c Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan (law professor), Robert Weisberg, Guyora Binder, ISBN 978-1-4548-0698-1, [1]
[edit]

Text of People v. Saephanh is available from: CourtListener Google Scholar Justia Leagle