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Name: People v. Alleyne
Case #: G024061
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/10/2000
Subsequent History: Review denied 11/15/00
Summary

Alleyne and Allen conspired to rob and kill the victim. Allen died four days before the shooting, and on appeal, Alleyne claimed that there was insufficient evidence of the conspiracy. The appellate court here disagreed. The death of one of the two conspirators, who have entered into the requisite agreement, did not affect the culpability of the other conspirator who goes on to commit an overt act in furtherance of the conspiracy. The co-conspirator’s death terminated his life, but not the agreement to kill the victim. All that was left to make the agreement punishable as a conspiracy was appellant’s overt act in furtherance of the agreement, which was the shooting of the victim.