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Stacey v. State

The evidence was not sufficient to support the defendant's conviction for theft by receiving, since there was no evidence showing that he knew or should have known that the gun was stolen when he received and used it in the victim's shooting death.

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Appellant Dominic Trent Stacey was convicted and sentenced for malice murder, theft by receiving, possession of cocaine, and other crimes following the shooting death of Andrew Gibby.1 He appeals, asserting, inter alia, the evidence was insufficient to support the convictions for theft by receiving and possession of cocaine. We find the evidence sufficient to affirm the conviction for possession of cocaine but reverse the conviction for theft by receiving.

On the evening of November 13, 2006, Stacey and his roommate, Joseph DeDeaux, attempted to hijack a car. Their target was Andrew Gibby, a local drug dealer who drove an Oldsmobile Cutlass with white, 22-inch, rims. DeDeaux arranged to buy marijuana from Gibby in a grocery store parking lot near Stacey and DeDeaux’s apartment. Gibby arrived in his Oldsmobile with a friend, Daniel Smith; Stacey and DeDeaux approached the car wearing hooded sweatshirts. During the drug transaction, Stacey pulled a gun and opened fire on Gibby and Smith. Gibby died from five shots to the head, neck, and torso; Smith was injured by a shot to his shoulder. Gibby’s car accelerated forward and crashed while Stacey and DeDeaux fled the scene on foot.

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