ARDEN M. MERCKLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a motion for postconviction relief presenting a double jeopardy claim based on a subsequently decided case modifying the law may be applied retroactively.
Merckle was convicted of multiple offenses stemming from a single act and argued this constituted a double jeopardy violation. The trial court denied …
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PER CURIAM.
Arden Merckle appeals the summary denial of his motion for postconviction relief. We reverse.
Merckle was convicted of bribery,1 receiving unlawful compensation,2 extortion by a state officer,3 and misbehavior in office.4 He was sentenced to five years in state prison for the first offense and placed on consecutive terms of probation for the remaining offenses. The convictions and sentences were affirmed on appeal. Merckle v. State, 512 So. 2d 948 (Fla. 2d DCA 1987), approved, 529 So. 2d 269 (Fla.1988). Merckle now argues that the multiple punishments constitute a double jeopardy violation because all four of his convictions stem from a single act requiring the same proof.
The trial court determined that this issue could have been raised on direct appeal and denied the motion without addressing the merits of Merckle’s double jeopardy claim. However, Merckle relies primarily upon Carawan v. State, 515 So. 2d 161 (Fla.1987), which had not been decided at the time of his appeal. This court has held that Carawan, which substantially modified the law regarding double jeopardy, may be applied retroactively in proceedings initiated under rule 3.850, Florida Rules of Criminal Procedure. Glenn v. State, 537 So. 2d 611 (Fla. 2d DCA 1988).
We find that Merckle’s motion presents a prima facie showing of his entitlement to relief. Accordingly, the order of the trial court is reversed and this case remanded for further proceedings pursuant to rule 3.850.
Reversed.
SCHEB, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur. . § 838.015(1), Fla.Stat. (1981).
. § 838.016(2), Fla.Stat. . § 839.11, Fla.Stat. (1981).
. A common law crime. See § 775.01, Fla.Stat. (1981).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. Smith, 547 So. 2d 613 (Fla. 1989)…licable to crimes committed prior to its issuance and thus furnishes grounds for postconviction relief. There have already been numerous, and will no doubt be many more, petitions for postconviction relief grounded on Cara-wan. See Merckle v. State, 541 So. 2d 1312 (Fla. 2d DCA 1989); Spadaro v. State, 539 So. 2d 1169 (Fla. 2d DCA 1989); Etlinger v. State, 538 So. 2d 1354 (Fla. 2d DCA 1989); Glenn v. State, 537 So. 2d 611 (Fla. 2d DCA 1988); Pastor v. State, 536 So. 2d 356 (Fla. 3d DCA 1988); Gonzalez-Osorio v…
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State v. Finney, 550 So. 2d 1141 (Fla. 3d DCA 1989)…cause defendant committed the offenses before July 1, 1988, Carawan v. State, 515 So. 2d 161 (Fla.1987), and its progeny, not chapter 88-131, section 7, Laws of Florida, control. State v. Smith, 547 So. 2d 613 (Fla.1989). . Accord Merckle v. State, 541 So. 2d 1312 (Fla. 2d DCA), review granted, 545 So. 2d 1369 (Fla. 1989); Spadaro v. State, 539 So. 2d 1169 (Fla. 2d DCA 1989); State v. Etlinger, 538 So. 2d 1354 (Fla. 2d DCA 1988); Jensen v. State, 538 So. 2d 540 (Fla. 2d DCA), review granted, No. 73,828 (Fla.…
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State v. Arden M. Merckle, 556 So. 2d 1103 (Fla. 1990)…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 jur…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Glenn v. State, 537 So. 2d 611 (Fla. 2d DCA 1988)
- Arden M. Merckle v. State, 512 So. 2d 948 (Fla. 2d DCA 1987)
- Arden M. Merckle v. State, 529 So. 2d 269 (Fla. 1988)