Conspiracy

Name: People v. Beman
Case #: A153841
Court: CA Supreme Court
District 1 DCA
Division: 2
Opinion Date: 02/21/2019
  • Categories: Consecutive Offenses, Conspiracy, Crimes, Double Punishment (PC 654), Sentencing

Trial court did not err by imposing consecutive sentences for conspiracy and the substantive offenses. Beman pleaded no contest to one count of conspiracy to commit human trafficking based on allegations that for more than seven years he and his…

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Name: People v. Cortez
Case #: E064915
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/20/2018
  • Categories: Conspiracy, Crimes, General Principles, Jury Instructions

In conspiracy to commit murder case, trial court did not err in failing to instruct the jury on conspiracy to commit lesser offenses based on the overt acts described in the information. Cortez and his friend conspired to murder Perez…

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Name: People v. Ruiz
Case #: S235556
Court: CA Supreme Court
District CalSup
Opinion Date: 05/17/2018
  • Categories: Conspiracy, Crimes, Fines/Fees/Assessments, Sentencing

Because a criminal laboratory analysis fee and drug program fee must be imposed for a conviction of transporting a controlled substance, imposition of these fines are also proper for a conviction of conspiracy to transport a controlled substance. Ruiz pleaded…

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Name: People v. Segura
Case #: G051280
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/05/2015
  • Categories: Conspiracy, Crimes, Prop 47, Sentencing

Proposition 47 does not authorize the trial court to reduce felony conspiracy conviction to a misdemeanor even if the offense the defendant conspired to commit was reduced to a misdemeanor. Segura and two codefendants planned and executed a theft at…

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Name: People v. Vega-Robles
Case #: A137121
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 05/05/2015
Subsequent History: Review granted 7/29/2015: S226913
  • Categories: Aiding and Abetting, Appeals, Areas Constitutional Law, By CALCRIM Number, Conspiracy, Crimes, Double Jeopardy, Due Process, Evidence, Gang Affiliation, Insufficiency/Sufficiency of, Jury Instructions, Prejudice

First degree premeditated murder conviction reversed because it may have been based on the natural and probable consequences doctrine. Vega-Robles was convicted of numerous gang-related crimes, including the first degree murder of Grockett. The evidence at trial showed that Vega-Robles…

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Name: People v. Rivera
Case #: C074297
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/09/2015
  • Categories: Conspiracy, Crimes

Defendant may not be convicted of first degree murder based on evidence that the murder was the natural and probable consequence of an uncharged conspiracy with the target crime of discharging a firearm at an occupied vehicle. A jury found…

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Name: In re Y.R.
Case #: D063769
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/03/2014
  • Categories: Aiding and Abetting, Conspiracy, Crimes, Elements of Crimes, Evidence, Insufficiency/Sufficiency of

Minor's trespass conviction reversed where evidence failed to prove she "occupied" premises within the meaning of Penal Code section 602, subdivision (m). The minor challenged true findings she committed vandalism (Pen. Code, § 594, subd. (a) & (b)(1)) and trespass…

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Name: People v. Biane
Case #: S207250
Court: CA Supreme Court
District CalSup
Opinion Date: 12/23/2013
  • Categories: Conspiracy, Crimes, Elements of Crimes

The offeror of a bribe may be charged with aiding and abetting the recipient's receipt of the bribe, as well as conspiracy to receive the bribe, when the offeror's conduct goes beyond merely offering or paying a bribe. An indictment…

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Name: People v. Johnson
Case #: B241044
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 11/19/2013
  • Categories: Aiding and Abetting, Conspiracy, Crimes, Mens Rea

Defendant who planned and directed home invasion robbery is culpable for provocative act murder even though he was not at the scene of the killing. Defendant sent his accomplices to the home of Peter Davis, who grew medical marijuana, to…

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Name: People v. Johnson
Case #: S202790
Court: CA Supreme Court
District CalSup
Opinion Date: 07/18/2013
  • Categories: Conspiracy, Crimes

Conspiracy to actively participate in a criminal street gang qualifies as a crime. Appellants were charged and convicted of conspiracy to commit felony assault, robbery, murder, and gang participation, in addition to other offenses. The appellate court found that conspiracy…

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