CURTIS ROGERS vs STATE OF FLORIDA
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Opinion
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
CURTIS ROGERS,
Appellant,
v. Case No. 5D22-2000 LT Case No. 2016-303204-CFDB
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed December 2, 2022
Appeal from the Circuit Court for Volusia County, Terence R. Perkins, Judge.
Curtis Rogers, Chipley, pro se.
No Appearance for Appellee.
PER CURIAM.
Curtis Rogers petitions this court for a belated appeal of a retroactive
order finding Rogers competent to proceed at trial. We dismiss the petition
because an order on competency is not independently appealable. Pamphile v. State, 267 So. 3d 1185, 1185–86 (Fla. 1st DCA 2018). Our dismissal is
without prejudice to Rogers to petition the trial court for reentry of the original
judgment and sentence so that Rogers may seek review of the nunc pro tunc
order determining his competency. See Joseph v. State, No. 5D22-1656 (Fla.
5th DCA Nov. 10, 2022).
Petition denied.
LAMBERT, C.J., EVANDER and HARRIS, JJ., concur.
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