Is there sufficient evidence to prove there was a conspiracy?

California courts require that the existence of the conspiracy be established by evidence independent of the proffered declaration.² (People v. Leach (1975) 15 Cal.3d 419, 430; People v. Hardy (1992) 2 Cal.4th 86) Appellant argues that the colloquy set forth in the present case indicates that the trial court considered the proffered declaration in making its preliminary determination. It is ambiguous whether the trial court used the declaration at issue in determining there was sufficient evidence of the conspiracy. If it did so, it would be error. However, under the circumstances of this case, it would be harmless error.