What is the test for establishing "possible evidence to establish prima facie" of conspiracy?

California, United States of America


The following excerpt is from People v. Mejia, G049509 (Cal. App. 2015):

presents 'independent evidence to establish prima facie the existence of . . . [a] conspiracy[,]'" and also substantiates "three preliminary facts . . .: '(1) that the declarant was participating in a conspiracy at the time of the declaration; (2) that the declaration was in furtherance of the objective of that conspiracy; and (3) that at the time of the declaration the party against whom the evidence is offered was participating or would later participate in the conspiracy.'" (People v. Hardy (1992) 2 Cal.4th 86, 139.)

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