CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Co-Conspirator (Crim.) Admissions
.........Limit.: Must Show Prima Facie Conspir.
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Party offering evidence must prove by preponderance of evidence both preliminary facts of existence of conspiracy and D's involvement in it.

D's participation in conspiracy can be inferred by circumstantial evidence for purposes of prime facie showing for coconspirator hearsay exception.

Prima facie evidence of conspiracy sufficient to allow co-D statements in under coconspirator exception.

Only prima facie evidence of a conspiracy is required to permit the trial court to admit evidence under the coconspirator's exception.

Under co-conspirator exception, need only establish prima facie evidence of conspiracy to admit evidence; conspiracy need not be charged.