Russo

In California, a conviction for conspiracy requires proof that at least one of the conspirators committed an overt act in furtherance of the conspiracy. We granted review to decide whether the jury must unanimously agree on a specific overt act. We conclude the jury need not agree on a specific overt act as long as it unanimously finds beyond a reasonable doubt that some conspirator committed an overt act in furtherance of the conspiracy.

I. Factual and Procedural History

On the night of July 14, 1994 (all dates are to the year 1994), a Fresno County deputy sheriff found David Russo’s body, dead from a gunshot wound to the back of the head, wrapped inside a sleeping bag in the backseat of David’s car in a remote rural location. David’s wife, defendant Susan Lee Russo (hereafter defendant), and codefendants Bobby Morris and Jason Andrews were tried together for conspiring to murder and murdering him.

A. Evidence at Trial

The prosecution presented evidence that defendant knew she would receive over $200,000 in the event of David’s death from his employer, the United States Navy. Circumstantial evidence, including a comparison of bloodstains found in the bedroom of the…