PAMPHILE v. STATE (2018)

This timely sworn petition seeks belated appeal of a September 18, 2017, order declaring Petitioner competent to proceed nunc pro tunc to the time of trial. We dismiss the petition because of a jurisdictional issue.

After a jury trial, Petitioner was found guilty and judgments and sentences were rendered on December 2, 2014, in Leon County Circuit Court case number 2014-CF-1428. In 2016, Petitioner filed a petition alleging ineffective assistance of appellate counsel raising four grounds. The petition was granted in part, the judgments and sentences were reversed, and the cause was remanded for further proceedings on the question of establishing Petitioner's competency at the time of trial. See Pamphile v. State, 216 So.3d 765 (Fla. 1st DCA 2017). On remand, the circuit court issued a nunc pro tunc order on the competency issue, but did not re-enter the judgments and sentences. An order on competency is not independently reviewable under rule 9.140(b), Florida Rules of Appellate Procedure.

Because no appealable order has been rendered by the circuit court, the petition for belated appeal is dismissed.

Per Curiam.

Lewis, Winokur, and Jay, JJ., concur.