What is the test for establishing two separate conspiracies?

California, United States of America


The following excerpt is from People v. Salazar, B248549 (Cal. App. 2014):

"In reviewing a challenge to the sufficiency of the evidence under the due process clause of the Fourteenth Amendment to the United States Constitution and/or the due process clause of article I, section 15 of the California Constitution, we review the entire record in the light most favorable to the judgment to determine whether it discloses substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt." (People v. Cole (2004) 33 Cal.4th 1158, 1212.) "'"[I]f the verdict is supported by substantial evidence, we must accord due deference to the trier of fact and not substitute our evaluation of a witness's credibility for that of the fact finder."' [Citation.]" (People v. Snow (2003) 30 Cal.4th 43, 66.)

We reject defendant's contention that the evidence was insufficient to establish two separate conspiracies rather than a single, overarching conspiracy. "The necessary elements of a criminal conspiracy are: (1) an agreement between two or more persons; (2) with the specific intent to agree to commit a public offense; (3) with the further specific intent to commit that offense; and (4) an overt act committed by one or more of the parties for the purpose of accomplishing the object of the agreement or conspiracy." (People v. Liu (1996) 46 Cal.App.4th 1119, 1128.) "[T]he essence of the crime of conspiracy is the agreement, and thus it is the number of the agreements (not the number

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of the victims or number of statutes violated) that determine the number of the conspiracies. . . . 'The gist of the crime of conspiracy . . . is the agreement or confederation of the conspirators to commit one or more unlawful acts . . . .' [Citation.]" (People v. Meneses (2008) 165 Cal.App.4th 1648, 1669-1670 (Meneses).) "'Performance of separate crimes or separate acts in furtherance of a conspiracy is not inconsistent with a "single overall agreement." [Citation.] . . .' [Citation.]" (People v. Vargas (2001) 91 Cal.App.4th 506, 553-554.) "'Where two or more persons agree to commit a number of criminal acts, the test of whether a single conspiracy has been formed is whether the acts "were tied together as stages in the formation of a larger 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.]" (Meneses, supra, at p. 1672.)

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