State v. Gonzalez

Memorandum Opinion

Thayer, J.

The defendant, Freddy Gonzalez, was convicted of conspiracy to sell a controlled drug after a jury trial in the Superior *355Court (Manias, J.). In this appeal, the defendant’s sole argument is that the trial court erred when it admitted statements made by a co-conspirator pursuant to New Hampshire Rule of Evidence 801(d)(2)(E) without sufficient independent evidence proving the existence of the conspiracy. We hold that the prosecution made the required prima facie case of a conspiracy of which the defendant was a member and therefore affirm.

The State charged the…