08-1243 MICHAEL RICHARD ANDERSON, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-1243

Case Date: 12/12/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MICHAEL ANDERSON, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed December 12, 2008. An appeal from the Circuit Court for Escambia County. Terry D. Terrell, Judge. Michael R. Rollo of Michael R. Rollo, P.A., Pensacola, for Appellant. Bill McCollum, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee. CASE NO. 1D08-1243 R I C H A R D NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

PER CURIAM. Appellant was charged by a one-count information with tampering with evidence in violation of section 918.13(1)(a), Florida Statutes (2007). Following a trial, the jury returned a verdict of guilty of attempted tampering with evidence. For purposes of this case, the elements of the offense of tampering with evidence are that (1) "knowing that . . . an investigation by a . . . law enforcement agency . . . is pending

or is about to be instituted," (2) appellant "destroy[ed], conceal[ed], or remove[ed] any . . . thing with the purpose to impair its . . . availability in such . . . investigation." See

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