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F 18.58 n1 Destroying/Concealing Property/Evidence: Act Must Be Successful (PC 135).
PC 135 (destroying or concealing property to prevent its use at trial or investigation) requires that the item either be ruined completely, rendering it beyond restoration or use, or successfully concealed. If the item is recovered before it is completely ruined and can be restored and used, then the defendant may be liable for the attempt to destroy the property. An item is “concealed” if it has been successfully hidden from view. It is not necessary that the item be rendered permanently unseen or unavailable; successful concealment in a particular investigation is sufficient. However, attempts to dispose of an item, such as throwing the item/contraband out of a window in view of the police does not qualify as concealment if the item is not successfully hidden from the police and/or is recovered. (People v. Hill (97) 58 CA4th 1078 [68 CR2d 375].)