Can an uncharged conspiracy be used to prove criminal liability for acts of coconspirator?
California, United States of America
The following excerpt is from People v. Lopez-Frausto, D069241 (Cal. App. 2018):
7. An uncharged conspiracy may be used to prove criminal liability for acts of a coconspirator and the failure to charge conspiracy as a separate offense does not preclude the People from proving that the charged offenses were committed in furtherance of a criminal conspiracy. (People v. Valdez (2012) 55 Cal.4th 82, 150.)
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