Alleyne

Paul Gordon Alleyne appeals his conviction for conspiracy to commit murder, premeditated attempted murder, and robbery, with enhancements for personally using a firearm, inflicting great bodily injury, and committing the crimes while on bail. He contends: (1) the evidence was insufficient to prove an overt act necessary for the conspiracy conviction; (2) the trial court erred by instructing the jury as to overt acts that could not support the conspiracy charge; (3) the court improperly allowed the jury to consider overt acts committed after the conspiracy’s termination; (4) the court erroneously failed to instruct the jury it must unanimously agree as to any overt act used to support the conspiracy conviction; and (5) the court erred by admitting evidence Alleyne transported marijuana for sale. We affirm.

James Wengert, the victim, owned a business which located hidden assets. Beginning in 1992, Wengert dealt with Coleman Allen’s factoring business. Allen would advance Wengert 80 percent of the value of Wengert’s business invoices, and Wengert’s clients were instructed to pay Allen’s company the amount due.

By 1994, the business relationship had gone sour. If Wengert’s…