State v. Bissett

FRANK D. UPCHURCH, Jr., Judge.

The state appeals from an order granting appellee’s motions to suppress, to impose sanctions and to dismiss. We reverse.

Appellee was arrested in April 1978, and charged with possession and delivery of cannabis and phencyclidine. His counsel withdrew in September of 1978. He then jumped bond and was not recaptured until 1981.

During appellee’s absence as a fugitive, the evidence was destroyed by the police pursuant to routine procedure for destroying contraband in older cases. Defense counsel, who appeared subsequent to appel-lee’s recapture, learned of the…