Thornton, Gregory

ALCALA, J.,

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

I respectfully dissent from the majority opinion’s holding that the judgment in this case should be reformed from tampering with physical evidence to a criminal attempt to commit that offense. Although I recognize that criminal attempt is, as a matter of law, characterized as a lesser-included offense of any statutory offense, it is unlike other lesser-included offenses in that it contains an additional element not found in the greater offense: the specific intent to commit an offense. Because the jury,…