Does a jury have a duty to determine whether a single conspiracy exists?

We need not decide this issue. Whether as a result of a sua sponte duty or in response to a request from counsel, "[a] trial court is required to instruct the jury to determine whether a single or multiple conspiracies exist only when there is evidence to support alternative findings. [Citations.]" (People v. Vargas, supra, 91 Cal.App.4th at p. 554.) Here, there is no evidence to support a finding that defendant engaged in only a single conspiracy, and so no duty to instruct.

"'[T]he test of whether a single conspiracy has been formed is whether the acts "were tied together as stages in the formation of a large all-inclusive combination, all directed to achieving a single unlawful end or result."' [Citation.] 'Relevant factors to consider in determining this issue include whether the crimes involved the same motives, were to occur in the same time and place and by the same means,' and targeted a single or multiple victims. [Citation.]" (People v. Meneses, supra, 165 Cal.App.4th at p. 1672.)

2. Evidence