What is the test for establishing a Page 41 conspiracy?

California, United States of America


The following excerpt is from People v. Grizzle, D072975 (Cal. App. 2019):

Conspiracy requires two or more persons agreeing to commit a crime, along with the commission of an overt act by one person in furtherance of the conspiracy. (People v. Homick (2012) 55 Cal.4th 816, 870.) Conspiracy requires the intent to agree, and the intent to commit the underlying substantive offense. (Ibid.) " 'The existence of a

Page 41

conspiracy may be inferred from the conduct, relationship, interests, and activities of the alleged conspirators before and during the alleged conspiracy.' " (People v. Rodrigues, supra, 8 Cal.4th at p. 1135.)

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