What is the test for establishing hearsay in a criminal case?

To establish hearsay, the proponent of the statement must provide evidence of a conspiracy by a preponderance of the evidence, meaning "a reasonable jury could find it more likely than not that the conspiracy existed at the time the statement was made." (People v. Herrera (2000) 83 Cal.App.4th 46, 63, 61.) A conspiracy exists when at least

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one person has the specific intent to agree to commit an offense, and the specific intent to commit the elements of the offense, along with an overt act in furtherance of the agreement by one of the parties. ( 184; People v. Morante (1999) 20 Cal.4th 403, 416.) " ' "[T]he agreement may be inferred from the conduct of the defendants mutually carrying out a common purpose in violation of a penal statute." ' " (People v. Jeffery (1995) 37 Cal.App.4th 209, 215.)