Is there insufficient evidence to convict Defendant of conspiracy to commit two separate conspiracies?

California, United States of America


The following excerpt is from People v. Lopez, 260 Cal.Rptr.3d 128, 46 Cal.App.5th 505 (Cal. App. 2020):

at two locations constituted two separate conspiracies. Defendant maintains the evidence showed only one conspiracy to commit two robberies. The Attorney General concedes this issue, and we accept the concession as appropriate. (See People v. Meneses (2008) 165 Cal.App.4th 1648, 1669, 82 Cal.Rptr.3d 100 ["it is the number of the agreements (not the number of the victims or number of statutes violated) that determine the number of the conspiracies"]; People v. Lopez (1994) 21 Cal.App.4th 1551, 1557, 26 Cal.Rptr.2d 741 [" One agreement gives rise to only a single offense, despite any multiplicity of objects "].) Therefore, count 162 will be reversed for insufficient evidence. The corresponding sentence is ordered vacated and the charge shall be dismissed.

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