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PENNEWELL v. STATE

No. 545, 2008.

977 A.2d 800 (2009)

Rahmorial PENNEWELL, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 21, 2009.

Attorney(s) appearing for the Case

Santino Ceccotti, Esquire, Office of Public Defender, Wilmington, DE, for Appellant.

Gregory E. Smith, Esquire, State Department of Justice, Wilmington, DE, for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

BERGER, Justice:

In this appeal we consider whether a defendant may be convicted of tampering with evidence for dropping a bag of marijuana to the ground immediately before being arrested. The crime of tampering with evidence includes the suppression of evidence by "any act of concealment. . . ."1 Here, the defendant had been trying to elude the police on foot. The defendant dropped his drugs to the ground while in plain view of the approaching...

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