Griffin v. State, 2011 Fla. App. LEXIS 14058

Griffin was charged by information with six offenses: trafficking in oxycodone (count I), possession of an electronic weapon by a convicted felon (count II), introducing contraband into a detention facility (count III), possession of hydromorphone (count IV), possession of cocaine (count V), and possession of alprazolam (count VI).
Count III was titled as introducing contraband into a detention facility, but language claimed unlawfully introducing into or possessing upon the grounds of a county detention facility.
Griffin pled no contest to all counts in open court after denial of a suppression motion, and the court adjudicated him guilty on all counts and set sentencing.
Griffin moved to withdraw his plea on counts I, IV, V, and VI, but to leave adjudications on counts II and III intact, arguing double jeopardy.
The prosecutor acknowledged DJ concerns regarding counts III and the possession charges, proposing vacating the adjudication on count III to avoid DJ without sentencing on that count.
The trial court vacated and did not adjudicate or sentence Griffin on count III, while adjudicating and sentencing on counts I, II, IV, V, and VI, with amended judgments reflecting only those counts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does vacating count III cure potential double jeopardy with the possession counts?	Griffin	State	No DJ after vacating count III; remedy cured concern.

Desire v. State, 829 So.2d 948 (Fla. 4th DCA 2002) (separate or narrow alternatives to avoid DJ under alternative conduct statute)
Bolding v. State, 28 So.3d 956 (Fla. 1st DCA 2010) (vacating the greater offense's verdict can cure DJ when dual convictions arise)
Jones v. State, 502 So.2d 1375 (Fla. 4th DCA 1987) (adjudication-withheld is a conviction for DJ purposes)
Raines v. State, 19 So.3d 331 (Fla. 2d DCA 2009) (vacating lesser included offenses is typical remedy; context matters)