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

California, United States of America


The following excerpt is from People v. Medina, B261041 (Cal. App. 2017):

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

Other Questions


What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the substantial evidence standard used to determine whether there was a single criminal act or course of conduct with single criminal objective? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
What is the test for determining whether there was a single conspiracy encompassing multiple counts? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
What is the test for determining whether there was a single conspiracy encompassing multiple counts? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.