After an unsuccessful search for money, Thacker took a knife from the kitchen and the two went up the stairs. Thacker then entered the room, jumped on top of Hollowell, who was sleeping, and began to choke her. While Thacker was choking Hollowell, defendant restrained her hands. Hollowell died as the result of manual strangulation. Defendant was convicted of murder, three counts of conspiracy, and two counts of burglary.
Defendant challenges the conspiracy convictions.
One count was for conspiring to commit murder, one count was for conspiring to commit burglary when Thacker and defendant went to Hollowell's home, and another count for conspiring to commit burglary when they returned that night. Reversed in part. Where there is evidence of only one agreement, there can be only one conspiracy conviction, even if the agreement is to commit multiple crimes. There was only one agreement to commit a burglary. The agreement was to attempt to locate the money during the afternoon, while Hollowell was at work, but it also contemplated returning that night if the money could not be found.