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Haynes v. State

The indictment was ambiguous as to whether it alleged the felony or misdemeanor version of tampering with evidence and the trial court erred in sentencing the defendant for felony tampering.

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George Haynes appeals from his conviction for tampering with evidence1 and committing financial transaction card fraud,2 contending that he was incorrectly sentenced for felony tampering because the indictment was ambiguous as to whether it alleged the felony or misdemeanor version of that offense. For the reasons that follow, we agree and remand the case for resentencing.

Based on his role in a burglary by an alleged accomplice resulting in the stabbing death of the victim, Haynes was indicted for felony murder, burglary, aggravated assault, armed robbery, possession of a knife during the commission of a crime, tampering with evidence, and financial transaction card fraud.3 Following a jury trial during which his alleged accomplice testified, Haynes was acquitted of all counts except for tampering with evidence and financial transaction card fraud.4 The trial evidence showed that Haynes’s alleged accomplice entered a mobile home to steal money and encountered the occupant, whom he killed during a struggle over a knife. The alleged accomplice then fled through a wooded path to a retail parking lot where Haynes was waiting in a car. The tampering charge arose from evidence that Haynes disposed of his alleged accomplice’s blood spattered jumpsuit and the victim’s wallet in a dumpster after the burglary.

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