Opinion
Case No. 5D22-2000.
12-02-2022
Curtis ROGERS, Appellant, v. STATE of Florida, Appellee.
Curtis Rogers, Chipley, pro se. No Appearance for Appellee.
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, 260 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, 350 So.3d 834 (Fla. 5th DCA Nov. 14, 2022).
Petition denied.
LAMBERT, C.J., EVANDER and HARRIS, JJ., concur.