State v. Omar Tindell, unpublished opinion - the defendant's Conviction for receiving a stolen automobile reversed, acquittal ordered.
"[T]he State did not present any evidence that the particular white Chrysler described in the stipulation was the car driven by either defendant or Reeds on the day of the shooting. Nor did the State call the victim of the alleged theft to confirm that the car seized at the scene of the shooting was the same car she had reported as stolen. Finally, neither defendant nor Reeds concedes that the vehicle described in the stipulation was the same vehicle they possessed or drove on the day of the shooting.... Here, viewing the evidence in the light most favorable to the State, including all inferences reasonably drawn therefrom, there is no evidence from which to establish that the car in defendant's possession was the same car reported stolen by Kalantarov. The fact that Kalantarov's car was a white Chrysler model 300C and defendant and Reeds were seen driving a similar car does not, in and of itself, establish that these were the same vehicle. The stipulation entered into by the parties did not address this element of the crime."
