What is the test for a jury to convict a defendant of conspiracy to pervert the course of justice?
California, United States of America
The following excerpt is from People v. Paiz, 2d Crim. No. B279327 (Cal. App. 2017):
"[A]n uncharged conspiracy may properly be used to prove criminal liability for acts of a coconspirator. [Citations.]" (People v. Belmontes (1988) 45 Cal.3d 744, 788, overruled on another ground by People v. Cortez (2016) 63 Cal.4th 101, 118-119, and disapproved of on another ground by People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22.) "'Failure to charge conspiracy
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as a separate offense does not preclude the People from proving that those substantive offenses which are charged were committed in furtherance of a criminal conspiracy [citation]; nor, it follows, does it preclude the giving of jury instructions based on a conspiracy theory [citations].' [Citation.]" (Id. at p. 789.) Those instructions must state that one element of a conspiracy is "the commission of an overt act . . . in furtherance of the conspiracy. [Citations.]" (People v. Morante (1999) 20 Cal.4th 403, 416.) We independently review whether the trial court's jury instructions properly state applicable law. (People v. Posey (2004) 32 Cal.4th 193, 218.)
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