People v. Genoa

Rule of Law:

A defendant cannot be convicted of attempting to aid and abet a crime where the underlying substantive crime was never committed by any person. The commission of the underlying crime is an essential element for a conviction based on an aiding and abetting theory.

Facts:

• An undercover agent of the Michigan State Police met with the defendant at a hotel.
• The agent proposed a deal in which the defendant would provide $10,000 to finance the purchase and subsequent sale of a kilogram of cocaine.
• The agent promised to repay the defendant the $10,000, plus $3,500 in profits and a client list.
• The defendant accepted the proposal and later returned to give the agent the $10,000.
• The undercover agent never intended to purchase or sell cocaine; he was conducting a sting operation.
• After receiving the money, the agent turned it over to the Michigan State Police.

Procedural Posture:

• The defendant was charged in a Michigan district court with attempted possession with intent to deliver 650 grams or more of cocaine.
• Following a preliminary examination, the district court judge dismissed the charge against the defendant.
• The prosecution, as appellant, appealed the dismissal to the circuit court.
• The circuit court affirmed the district court's dismissal.
• The prosecution, as appellant, was granted leave to appeal to the Michigan Court of Appeals, with the defendant as the appellee.