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State v. Mendoza | 889 A.2d 153 (2005)
Ordinarily, a conspiracy to commit a crime and the underlying crime itself are separate offenses that can give rise to separate convictions. However, Wharton’s Rule prevents a defendant from being convicted of conspiracy if the elements of the conspiracy charge are identical to the elements of the underlying substantive crime. In State versus Mendoza, the Rhode Island Supreme Court considered whether Wharton’s Rule applies if three people conspire to commit a crime that requires only two participants.
Robert Clements approached two undercover detectives in an unmarked car and asked them if they wanted to buy crack cocaine. The detectives answered yes, and Clement led one of the detectives, Angelo A’Vant, to a nearby house while the other detective waited in the car. A’Vant handed Clement an unmarked $20 bill, and Clement rang the doorbell. Antonio Mendoza opened the door. Clement handed the twenty dollar bill to Mendoza and, a few moments later, Mendoza handed Clement a clear baggie containing crack cocaine. Clement and A’Vant walked back to the car, where Clement handed the baggie to A’Vant. The detectives immediately arrested Clement, and they arrested Mendoza a short time later.
Mendoza was charged with delivery of a controlled substance and with conspiracy to violate the Rhode Island Controlled Substances Act. A state trial court convicted Mendoza of both charges, and he appealed to the Rhode Island Supreme Court. On appeal, Mendoza argued that Wharton’s Rule precluded his conspiracy conviction.
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State v. Mendoza Case Brief Summary | Law Case Explained
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