Reinhardt v. State

OPINION

SULLIVAN, Senior Judge.

Andrew Reinhardt (Reinhardt) was charged with Dealing Cocaine as a Class A felony alleging that he “did knowingly deliver cocaine to a confidential informant in an amount greater than three (3) grams.” Appellant’s App. at 10. (Emphasis Supplied). The evidence reflected that Reinhardt delivered cocaine to John May who in turn, and not in Reinhardt’s presence, delivered the cocaine to a confidential informant.

It is Reinhardt’s appellate contention that there is a fatal variance between the charge and the evidence in that he did not deliver the cocaine to the…