Lee Van Walton Jr. v. State of Florida

FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 5D2024-1652
LT Case No. 2023-CT-001958
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LEE VAN WALTON, JR.,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the County Court for Clay County.
Kristina Keller Mobley, Judge.
Charlie Cofer, Public Defender, and Elizabeth Hogan Webb,
Assistant Public Defender, Jacksonville, for Appellant.
James Uthmeier, Attorney General, and Kristie Regan, Assistant
Attorney General, Tallahassee, for Appellee.
April 10, 2026
HARRIS, J.
In this Anders1 appeal, Lee Van Walton, Jr. (“Appellant”)
challenges the judgment and sentences imposed after a jury trial
1 See Anders v. California, 386 U.S. 738 (1967).

2
on the charges of Refusal to Submit to DUI Testing and DUI.
Appellant has shown no reversible error in the judgment and
sentence, and our review of the record likewise has shown no
reversible error apparent on its face. See State v. Causey, 503 So.
2d 321 (Fla. 1987). However, there is an obvious scrivener’s error
that should be corrected. The trial court ordered that Appellant’s
eight-month jail sentence for Refusal to Submit to DUI Testing and
his twelve-month probationary sentence for Driving Under the
Influence were to run consecutively. The written judgment and
sentence erroneously reflects the sentences running concurrently.
Therefore, while we affirm the judgment and sentence entered
below, we remand with instructions that an amended judgment
and sentence be rendered which correctly reflects that Appellant’s
sentences were imposed consecutively.
AFFIRMED and REMANDED with instructions.
LAMBERT and EDWARDS, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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