Supreme Court of Florida February 15, 1990, No. 74106 (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.