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People v. Peppars

California Courts of Appeal
189 Cal. Rptr. 879 (1983)


Facts

Sheriff’s deputy Roger Rude met Byron Peppars (defendant) while working undercover. Peppars asked Rude if he knew of any warehouses that could be easily burglarized. Rude later provided Peppars with information on a warehouse to break into and a key to the building, which the police had stocked with televisions and placed under surveillance. Shortly thereafter, Peppars’s brother and another accomplice arrived at the location with a rental truck, used the key to unlock the door, and began loading items into the truck. Peppar’s brother and his accomplice were arrested. The truck had been rented by Peppars, and he was arrested as well. Peppars was charged with conspiracy to commit burglary and attempted burglary. The jury was unable to reach a verdict on the attempted burglary charge and a mistrial was declared as to that count. Peppars was convicted of conspiracy to commit burglary. Peppars appealed, alleging that there was insufficient evidence to support a conspiracy to commit burglary charge.

Rule of Law

Issue

Holding and Reasoning (Poche, J.)

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