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White v. State

The defendant fatally shot the victim in the back of the neck.

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A jury found Tervarius Dexter White guilty of the malice murder of Kawasikis Ricks, armed robbery, and possession of a firearm during the commission of a felony. The trial court entered judgments of conviction on those guilty verdicts and imposed concurrent sentences of life imprisonment for the murder and armed robbery, and a consecutive five-year term for the weapons charge. A motion for new trial was denied, and White appeals. 1. Construed most strongly in support of the verdicts, the evidence shows that Justin Hall arranged for the sale of 20 pounds of marijuana by Terrance Reed to the victim in a residential subdivision. Instead of selling any marijuana, Reed planned to rob the victim and went to the subdivision with White, Clarence Benton and two others. Hall, the victim, Cornelius Hamm and one other drove to the subdivision and saw Benton, who acted nervous, and Hamm stated that he had “tools,” meaning guns, “for guys who act like this.” Reed contacted Hall by cell phone and said to leave. After Hall’s group left, Reed’s group went to White’s house to retrieve a shotgun, and Reed called Hall to tell him to return only with the victim.

When they returned, Hall and the victim again saw Benton, who told them to follow him around to the back of the house. After they turned the corner, White pointed the shotgun first at Hall and then the victim, and said “Give me everything you got.” The victim responded “come on, man,” and he and Hall began running. White fatally shot the victim in the back of the neck. The victim was found lying on his back with grass in his mouth and beard, and with his shirt pulled up, his pants pulled down, his pockets extended from his pants, and a small amount of cash and marijuana in one pocket. When White returned to his group’s vehicle, he indicated that he had shot someone, and he had a large amount of counterfeit currency which was divided with others. More counterfeit currency was found in the car used by Hall and the victim.

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