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Name: People v. Luna
Case #: A119768
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 01/15/2009
Summary

The elements of criminal attempt are: (1) a specific attempt to commit the alleged crime, and (2) a direct but ineffectual act done toward its commission. Preparatory acts alone do not support a conviction, and possession of equipment to manufacture hashish, without more, may not support a conviction for attempted manufacture of hashish. Following a traffic stop where appellant was found in possession of equipment used to manufacture hashish, but not of marijuana, appellant was charged with attempted manufacture of hashish. At trial, a criminalist, who qualified as an expert in manufacturing hashish, testified that appellant had all the equipment necessary to manufacture hashish but that to begin actually manufacturing it, he would have to have grocery bags full of marijuana. Appellant testified that he purchased the items from homeless people in Golden Gate Park to make hashish because he was out of work, but that it was a poor decision, and he had not bought marijuana. Observing that appellant was still engaged in the preparatory acts and had a complete inability to take even the initial steps toward producing the product, the court, distinguishing People v. Lancellotti (1993) 19 Cal.App.4th 809, found that there was insufficient evidence to support appellant’s conviction for attempted manufacture of hashish and ordered the judgment reversed.