CURTIS ROGERS v. STATE OF FLORIDA (2022)

District Court of Appeal of Florida, Fifth District.

CURTIS ROGERS, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D22-2000

Decided: December 02, 2022

Curtis Rogers, Chipley, pro se. No Appearance for Appellee.

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.

PER CURIAM.

LAMBERT, C.J., EVANDER and HARRIS, JJ., concur.

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