Thornton, Gregory

COCHRAN, J.,

filed a dissenting opinion in which MEYERS and JOHNSON, JJ., joined.

I respectfully dissent. Appellant was undeniably guilty of the Class C misdemeanor of possession of drug paraphernalia. Little did he know that, by clumsily trying to abandon his crack pipe, he was setting himself up for a third-degree felony conviction for tampering with evidence, and, because of his priors, a sentence of 45 years’ imprisonment. The Seventh Court of Appeals found the evidence insufficient to support the element of “concealment,” *309but this Court reforms the judgment to reflect the separate offense…