Arkansas Code Annotated

Ark. Code Ann. § 5-3-403 (2020)

Multiple criminal objectives

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If a person conspires to commit a number of criminal offenses, the person commits only one (1) conspiracy if the multiple offenses are the object of the same agreement or continuous conspiratorial relationship.

History. Acts 1975, No. 280, § 709; A.S.A. 1947, § 41-709.

Case Notes

Multiple Substantive Offenses.

If multiple substantive offenses are committed pursuant to a single conspiracy, a conspirator may be prosecuted for each separate substantive offense in which he is a principal or an accomplice. McMillen v. State, 302 Ark. 601, 792 S.W.2d 315 (1990).

Trial court did not err because judicial precedent allowed the prosecution of one count of conspiracy to commit multiple object offenses; moreover, defendant was not prejudiced by the inclusion of multiple object offenses in the single charge because he faced thirty years in prison but the jury sentenced him to nine years' imprisonment. Winkler v. State, 2012 Ark. App. 704, 425 S.W.3d 808 (2012).

Single Agreement or Continuous Relationship.

A single agreement or continuous conspiratorial relationship constitutes a single conspiracy offense, whether intended to culminate in distinct offenses or in successive violations of the same statute, and this section clearly precludes more than one conspiracy prosecution as a result of a single agreement or relationship. McMillen v. State, 302 Ark. 601, 792 S.W.2d 315 (1990).

Cited: Guinn v. State, 23 Ark. App. 5, 740 S.W.2d 148 (1987); Leach v. State, 303 Ark. 309, 796 S.W.2d 837 (1990); Leach v. State, 313 Ark. 80, 852 S.W.2d 116 (1993).

Notes of Decisions
Cited in 5 cases, 1989–2012 · leading case: Winkler v. State, 425 S.W.3d 808 (Ark. Ct. App. 2012).
Winkler v. State, 425 S.W.3d 808 (Ark. Ct. App. 2012). · cites it 7× “” Ark.Code Ann. § 5-3-403 (Repl.2006). Ac cording to Winkler, he was essentially prosecuted for multiple conspiracy offenses.”
McMillen v. State, 792 S.W.2d 315 (Ark. 1990). · cites it 11× “In support of his argument, appellant cites Ark. Code Ann. § 5-3-403 (1987) which provides as follows: If a person conspires to commit a number of criminal offenses, he commits only one (1) conspiracy if the multiple offenses are the object of the same agreement or continuous…”
Leach v. State, 796 S.W.2d 837 (Ark. 1990). · cites it 2× “The record submitted with the petition now before us contains an order, taken from the record of the proceedings against McMillen, that all of the alleged conspiracies, with the exception of that relating to the theft of the flatbed trailer, were one continuous agreement and…”
Guinn v. State, 771 S.W.2d 290 (Ark. Ct. App. 1989). · cites it 2× “See also Ark. Code Ann. § 5-3-403 (1987) (formerly Ark.”
Leach v. State, 852 S.W.2d 116 (Ark. 1993). · cites it 3× “He also remained separately charged for conspiracy with the same individuals to burglarize the Wilkerson residence and to steal a flatbed trailer.”
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