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Three people agreed to rob a delivery van. One bought masks, one rented a car, and one agreed to carry an unloaded pistol. Two days before the planned robbery, the driver texted the others, "I am out. Do not contact me again." He did not contact police and did not retrieve the rented car. The other two used the rented car to rob the van. During the robbery, one robber unexpectedly pistol-whipped the guard, causing serious injury.
Prosecutors charge the driver with conspiracy to commit robbery and with the assault committed during the robbery. The driver argues that he withdrew before the robbery and that he never agreed to hurt anyone.
Analyze the driver's liability for conspiracy and for the assault, including overt act, withdrawal, and co-conspirator liability for foreseeable substantive offenses.