After using the car to pick up a grill that defendant had to return, the two men ultimately parked the car at a gas station and walked back to Robinson's trailer and went to sleep. Defendant later returned to the car and moved it to another location. After defendant moved the car one time, he went back and moved the car again before going home. The car was recovered a quarter of a mile from defendant's residence, and the victim's car keys were recovered from defendant's residence. Defendant presented no evidence at trial.
Defendant brings forward two assignments of error.
Defendant contends that this statement constituted inadmissible hearsay. Assuming arguendo that the statement was admitted for the truth of the matter asserted and not for a nonhearsay purpose, we, nevertheless, conclude its admission was not error. In order for the statements or acts of a coconspirator to be admissible, there must be a showing that a conspiracy existed and that the acts or declarations were made by a party to it and in pursuance of its objectives while the conspiracy was active, that is, after it was formed and before it ended. The proponents must establish a prima facie case of conspiracy without relying on the declaration sought to be admitted. Id. Defendant alleges the evidence in the instant case does not make out a prima facie showing of conspiracy.