A trial court may not grant a prosecution motion to vacate a guilty plea over the defendant’s objection and set the matter for trial without invoking double jeopardy prohibitions. The defendant here entered a guilty plea without any promises regarding sentence and without dismissal of any charges. Following the decision in Apprendi v. New Jersey (2000) 530 U.S. 466, however, the prosecution sought to vacate the guilty plea so that facts regarding the quantity of drugs possessed could be specifically pled and proven. The trial court granted that request over the defendant’s objection, and the case proceeded to trial. The Ninth Circuit held that jeopardy had attached when the court accepted the guilty plea. Because the guilty plea was set aside over the defendant’s objection, retrial was barred by double jeopardy protections. Finally, the court held that the proper remedy was to reinstate the original guilty plea and sentence him accordingly.