What constitutes a conspiracy between two or more persons to achieve an unlawful objective?

California, United States of America


The following excerpt is from People v. Valencia, B253431 (Cal. App. 2014):

or she intended to facilitate or encourage (the target crime) as well as any other crime committed by the person he or she aids and abets that is the natural and probable consequence of the target crime. (People v. Prettyman (1996) 14 Cal.4th 248, 259, 260-261.)

"A conspiracy is an agreement between two or more persons, with specific intent, to achieve an unlawful objective, coupled with an overt act by one of the conspirators to further the conspiracy." (People v. Gann (2011) 193 Cal.App.4th 994, 1005.) "[T]he conspiracy may be shown by circumstantial evidence and the agreement may be inferred from the conduct of the defendants mutually carrying out a common purpose in violation of a penal statute." (Id. at pp. 1005-1006.)

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