Petitioner’s conviction for conspiracy to commit second degree murder could stand even though the California Supreme Court later held in People v. Cortez (1998) 18 Cal.4th 1223, that there was no such crime, reasoning that all murder conspiracies were conspiracies to commit first degree murder. Petitioner had been acquitted of conspiracy to commit first degree murder. The court held inconsistent verdicts are not invalid. Although the holding of Cortez may mean petitioner’s crime was mislabeled as conspiracy to commit second degree murder, it did not mean he had been deprived of due process. Nelson, J. dissented.