Joseph Peter Clarke v. United States, 184 So. 3d 1107

Jenkins and Clarke were defendants in a federal reverse-sting prosecution; Jenkins was charged under 18 U.S.C. § 922(g)(1) for firearm possession by a "convicted" felon after being found with a handgun.
Jenkins had a prior Florida guilty plea to possession of cocaine in 2008, but the Florida trial court withheld adjudication under § 948.01(2).
18 U.S.C. § 921(a)(20) requires that whether a prior disposition is a "conviction" be determined by the law of the jurisdiction where the proceeding occurred (Florida).
The Eleventh Circuit had conflicting precedent: earlier Eleventh Circuit decisions held withheld adjudication could qualify as a conviction for federal purposes, but Florida Supreme Court and Florida district courts had decisions suggesting adjudication is required.
The Eleventh Circuit certified the question to the Florida Supreme Court: does a guilty plea with adjudication withheld qualify as a "conviction" under Fla. Stat. § 790.23(1)(a) (Florida's felon-in-possession statute)?

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a guilty plea with adjudication withheld counts as a "conviction" under Fla. Stat. § 790.23(1)(a)	Government: prior plea of guilt should suffice as a conviction for § 790.23 purposes (and thus for § 922(g))	Jenkins: withheld adjudication means no conviction under Florida law; § 790.23 requires an adjudication	No. The Florida Supreme Court held a withheld adjudication does not qualify as a conviction for § 790.23(1)(a).

State v. McFadden, 772 So. 2d 1209 (Fla. 2000) (defines "conviction" for impeachment purposes to require adjudication)
State v. Gazda, 257 So. 2d 242 (Fla. 1971) (older authority treating guilty plea/ verdict as determination of guilt without requiring adjudication in a different statutory context)
State v. Snyder, 673 So. 2d 9 (Fla. 1996) (describing § 790.23's purpose to keep firearms from those adjudicated unfit)
State v. Castillo, 590 So. 2d 458 (Fla. 3d DCA 1991) (holds § 790.23 requires adjudication)
State v. Menuto, 912 So. 2d 603 (Fla. 2d DCA 2005) (following Castillo; withheld adjudication not a conviction for § 790.23)
United States v. Orellanes, 809 F.2d 1526 (11th Cir. 1987) (Eleventh Circuit held withheld adjudication may qualify as a conviction for federal statutes)
United States v. Grinkiewicz, 873 F.2d 253 (11th Cir. 1989) (affirming Orellanes)
United States v. Chubbuck, 252 F.3d 1300 (11th Cir. 2001) (applies Eleventh Circuit precedent but notes Florida law developments may undermine it)
McCrae v. State, 395 So. 2d 1145 (Fla. 1980) (recognizes some statutes treat pleas without adjudication as convictions when legislative purpose requires it)