State v. Merckle

McDonald, Judge.

We have for review Merckle v. State, 541 So.2d 1312 (Fla. 2d DCA 1989), based on express and direct conflict with Harris v. State, 520 So.2d 639 (Fla. 1st DCA), review denied, 536 So.2d 244 (Fla.1988). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and quash Merckle.

A jury convicted Arden Merckle of bribery, receiving unlawful compensation, extortion by a state officer, and misbehavior in office. The trial court sentenced Merck-le to five years in state prison for the first offense and placed him on consecutive terms of probation for the remaining…