bargain; (b) the double jeopardy violation is apparent from the record; and (c) there is nothing in the record to indicate a waiver of the double jeopardy violation.” Novaton v. State, 634 So.2d 607, 609 (Fla.1994). Holubek meets the first prong because his plea was a general plea to the court and did not involve a plea bargain. See Godfrey v. State, 947 So.2d 565, 567 (Fla. 1st DCA 2006); see also Brown v. State, 1 So.3d 1231, 1232 (Fla. 2d DCA 2009) (noting that the exception applies to an open plea). Second, Holubek argues that a double jeopardy violation is apparent from the record because Count 1 under section 934.215 is subsumed within both Count 2 under section 847.1035(3)(b) and Count 3 under section 847.0135(4)(a). We agree. Very recently, this court held that convi A 2014) (<HOLDING>). Consistent with our recent opinion in Holt
holding that for conduct arising out of the same criminal episode the elements for the offense of unlawful use of a twoway communications device  are subsumed within the soliciting and traveling offenses holding that in the conviction and sentencing for criminal offenses committed in the course of one criminal episode it is the intent of the legislature that there be a separate conviction and sentence for each criminal offense unless one of the offenses is a degree of the other a necessarily included lesser offense subsumed in the other or both offenses are identical holding that when state charges defendant with both unlawfully using twoway communications device and traveling during same time period state charges single criminal episode regardless of whether evidence could support finding of separate criminal episodes and double jeopardy considerations require that  communications charge be subsumed within traveling charge holding that two offenses are separate for the purposes of  4a12a1 where all the elements of the first offense occurred before any activity forming the basis of the second offense holding that the offense of unlawful use of a twoway communications device does not contain any elements that are distinct from the offense of traveling to meet a minor