State v. Garcia, 376 P.3d 94 (Kan. Ct. App. 2016)

Facts: A confidential informant told the Kansas Bureau of Investigation that David Garcia and his girlfriend Knapp dealt drugs. Using a KBI phone, the informant called and arranged a buy with Knapp. The KBI did not actually purchase but obtained a search warrant; on executing it after Garcia and Knapp arrived home, they found drugs and paraphernalia. Garcia was convicted of conspiracy to distribute.
Issue: Whether the State produced sufficient evidence of (a) a conspiratorial agreement and (b) an overt act.
Rule: To convict for conspiracy, the prosecution must prove (1) ∆ agreed with another to commit or assist in committing a crime, and (2) ∆ or a co-conspirator committed an overt act in furtherance.
Analysis: The arrangement of the buy via Knapp evidenced an agreement; her phone call to set up the deal was an overt act. ∆'s presence with Knapp and the drugs at the agreed-upon location confirmed both elements.
Judgment: Conviction affirmed.

Reading: pp. 350–53. See Overt Act.