![]() ![]() An agreement between at least two people.According to California Penal Code Section 182, the crime of conspiracy has four elements: Rather, the prosecution needed to prove evidence of Hoskins’ specific intent to kill. On appeal, Hoskins argued that the circumstantial evidence relied on by the prosecution was insufficient to support a conviction for conspiracy to commit murder. ![]() Insufficient Evidence of Specific Intent to Kill The jury found Hoskins guilty of conspiracy to commit murder and sentenced him to 25 years to life in prison. Rather, the prosecution relied on circumstantial evidence to establish Hoskin’s participation in the conspiracy, including evidence of Hoskin’s gang membership, his access to a gun, his involvement in the shooting of Byreese Taylor, and his social media posts celebrating violence against rival gains. Additionally, the prosecution did not present any direct evidence that Hoskins even agreed with the other gang members to commit violent acts. At Hoskins’s trial, however, the prosecution failed to present evidence that he either committed or aided and abetted any act of violence. The alleged object of this conspiracy was to murder rival gang members. The defendant Nicholas Hoskins, a member of the Brim gang, was convicted of conspiracy to commit murder in a conspiracy spanning two years between 20 and involving at least 20 other Brim members. If you or your loved one has been accused of murder, continue reading to find out if a skilled attorney from Wallin & Klarich can argue this defense on your behalf. ![]() Even if there is evidence for conspiracy to commit murder, this is not enough unless the prosecution can prove intent. Ware, the Supreme Court of California held that there must be evidence of a specific intent to kill in order for a defendant to be convicted of murder. Ware: Specific Intent to Kill Required for Murder Conviction ![]()
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