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LOUISSAINT v. STATE

No. 89-1803.

576 So.2d 316 (1990)

Michael LOUISSAINT, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

On Motion for Rehearing March 21, 1991.

Attorney(s) appearing for the Case

Ronald N. Toward, Bartow, for appellant/cross-appellee.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara C. Davis, Asst. Atty. Gen., Daytona Beach, for appellee/cross-appellant.

HARRIS, Judge.

Michael Louissaint appeals a judgment finding him guilty of attempted trafficking in cocaine and determining him to be a habitual offender and a sentence in excess of the guideline range.

Louissaint claims that since the evidence (cocaine) was negligently destroyed before his trial, his conviction cannot stand. We disagree. Here, the trial court followed the procedure set out in State v. Ritter, 448 So.2d 512

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