PRESTON PAMPHILE
v.
STATE OF FLORIDA
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The Florida First District Court of Appeal dismissed a petition for belated appeal of a September 18, 2017 order declaring petitioner competent to proceed nunc pro tunc to the time of trial. The dismissal was based on a jurisdictional defect: no independently appealable order had been rendered by the circuit court because competency orders are not reviewable under Fla. R. App. P. 9.140(b).
The petition for belated appeal is dismissed because no independently appealable order has been rendered by the circuit court. An order on competency is not independently reviewable under Fla. R. App. P. 9.140(b).
[1] An order determining competency nunc pro tunc is not independently reviewable as an appealable order under Florida Rules of Appellate Procedure 9.140(b), and failure to r…
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Join FLexlaw to unlock all legal intelligenceAfter a jury trial in December 2014, petitioner was convicted and sentenced in Leon County Circuit Court. In 2016, petitioner filed a petition for ine…
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Petition for Belated Appeal—Original Jurisdiction.
December 31, 2018 PER CURIAM.
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. LEWIS, WINOKUR, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Preston Pamphile, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Samuel B. Steinberg and Jason W. Rodriguez, Assistant Attorneys General, Tallahassee, for Respondent.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pamphile v. State, 216 So. 3d 765 (Fla. 1st DCA 2017)