WALKER v. STATE (2020)

District Court of Appeal of Florida, First District.

Jordan WALKER, Appellant, v. STATE of Florida, Appellee.

No. 1D19-0483

Decided: May 18, 2020

Andy Thomas, Public Defender, and M. J. Lord, Assistant Public Defender, Tallahassee; Dustin Dewrell and J. LaDon Dewrell of Dewrell & Herndon, Fort Walton Beach, for Appellant. Ashley Moody, Attorney General, Trisha Meggs Pate, Assistant Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.

Appellant challenges his convictions for traveling after solicitation for sex with a minor, and unlawful use of a two-way communications device. Reviewing only the charging document, as we are constrained to do under Lee v. State, 258 So. 3d 1297 (Fla. 2018), we must reverse the lesser conviction. On remand, the trial court should resentence for the remaining conviction, which we affirm. See Sherman v. State, 272 So. 3d 829, 829 (Fla. 1st DCA 2019) (remanding, after Lee reversal, and instructing court to resentence on the lesser conviction). We reject Appellant's second argument as meritless.

Reversed in part, and Affirmed in part.

Per Curiam.

Wolf, Kelsey, and Winokur, JJ., concur.

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