dissenting.
In the record before this Court, there was more than enough evidence to charge and convict defendant of conspiracy to distribute heroin and crack cocaine, even though drugs were not found on defendant or his co-defendant, Godfred Mainhooh. The State, however, did not charge defendant with committing a drug offense. I cannot agree with the majority that the State presented sufficient evidence from which a jury could conclude beyond a reasonable doubt that defendant committed an armed robbery, a conspiracy to commit an armed robbery, or an attempted robbery as a lesser-included offense. Indeed, there was a complete absence of such evidence, and therefore the robbery charges should not have been submitted for the jury’s consideration. Defendant was entitled to a judgment of acquittal on the armed robbery and conspiracy charges, and consequently the retrial ordered by the *256majority violates double jeopardy principles. See Burks v. United States, 437 U.S. 1, 18, 98 S.Ct. 2141, 2150-51, 57 L.Ed.2d 1, 14 (1978); State v. Tropea, 78 N.J. 309, 314, 394 A.2d 355 (1978). For that reason, I respectfully dissent.
The majority’s conclusion is based on facts presented at trial concerning a narcotics investigation conducted by the Long Branch Police Department. In the course of that investigation, an undercover police officer operating out of a motel room placed a telephone call to Mainhooh for the purpose of purchasing drugs. Mainhooh agreed to sell the undercover officer twenty decks of heroin and some crack cocaine for $1200. Mainhooh arrived with defendant at the motel in a taxi cab. The police surveillance team did not see Mainhooh and defendant arrive at the motel. Some time after their arrival, Mainhooh and defendant proceeded to the second floor of the motel where the undercover officer’s room was located.
After Mainhooh knocked on the correct motel room door and announced his presence, two police officers — not in uniform — came flying out of the room. The officers found Mainhooh brandishing a gun. Mainhooh never said, “Give me the money,” or uttered any other words that would have suggested that he intended to commit a robbery rather than engage in a drug transaction. Defendant grabbed one of the officers, allowing Mainhooh to flee. Defendant was subdued by an officer, who said that he knew defendant was there to sell drugs. Defendant responded, “We don’t have any drugs; we don’t have any drugs.” No drugs were discovered on defendant or his co-defendant, who was arrested shortly after-wards.
The success of a drug prosecution does not depend on whether controlled dangerous substances are found on a defendant. Experience teaches us that drug dealers act surreptitiously both to avoid detection and to protect themselves from getting “ripped off’ from the buyer. Thus, many drug dealers when engaging in transactions do not carry the narcotics on their persons, but rather stash the drugs elsewhere for later retrieval. See, e.g., *257State v. Lewis, 185 N.J. 363, 365-66, 886 A.2d 643 (2005) (noting that after conversing with buyer, defendant walked to nearby location, retrieved bag from under log, removed items from bag, and returned to buyer); State v. Arthur, 184 N.J. 307, 314, 877 A.2d 1183 (2005) (describing testimony of officer who observed seller, after speaking with buyer, retrieve drugs from bushes and return to buyer who handed money in exchange for drugs); State v. Brana, 127 N.J. 64, 66, 601 A.2d 1160 (1992) (explaining that undercover officers arranged to meet co-defendant to purchase drugs; co-defendant joined officers in car, directed them to location where transaction was to take place, and instructed officers to park; co-defendant walked to nearby car and retrieved narcotics from defendant); State v. Corso, 355 N.J.Super. 518, 523, 810 A.2d 1130 (2002) (noting detective’s testimony that although defendant had no drugs on his person, it is common to keep drugs in another location).
Defendant’s statement to the police, ‘We don’t have any drugs,” accurately reflected that no drugs, would be found either on him or his co-defendant. It would have been entirely consistent with the undercover officer’s prior conversation with Mainhooh and the custom of drug dealers in general that Mainhooh or defendant deposited the drugs in a safe location before finalizing the deal.
Nor is it unusual for drug dealers, who are fearful of having their money or drugs stolen, to carry guns during a drug transaction in order to protect themselves from the buyers. See State v. Spivey, 179 N.J. 229, 240, 844 A.2d 512 (2004) (noting that narcotics expert testified that drug dealers often carry guns for protection). In fact, because guns and drugs can be a lethal combination, possessing a firearm in the course of committing a drug offense is a second degree crime. N.J.S.A. 2C:39-4.1a.
“A prerequisite for a robbery conviction is a theft or attempted theft.” State v. Farrad, 164 N.J. 247, 257, 753 A.2d 648 (2000); see N.J.S.A. 2C:15-la. Possibly, defendant and Mainhooh were conspiring to commit a robbery. We do not, however, permit a jury to convict based on possibilities. What the majority has *258deemed to be a “reasonable inference” that defendant was engaged in a conspiracy to commit robbery is merely nothing more than speculation. See ante at 250 n. 4, 914 A.2d at 1258 n. 4.
Had Mainhooh uttered words or made gestures that revealed that he had an intent to rob, I would have come to a different conclusion. The record provides no basis from which a jury could reasonably infer that Mainhooh brandished the gun “in the course of committing a theft” or “in an attempt to commit theft,” N.J.S.A. 2C: 15-la, and therefore a judgment of acquittal should have been entered. Because the majority will permit a retrial of the robbery and conspiracy charges, I must respectfully dissent.
Justice WALLACE joins in this opinion. For reversal and remandment — Justices LONG, LaVECCHIA, ZAZZALI and RIVERA-SOTO — 5. Dissenting — Justices ALBIN and WALLACE — 2.