CURTIS ROGERS
v.
STATE OF FLORIDA
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An order on competency is not independently appealable and therefore dismissal is the proper remedy for a belated appeal of such an order.
[1] An order determining a defendant's competency to proceed is not independently appealable, but the defendant may seek reentry of the original judgment and sentence to perm…
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Join FLexlaw to unlock all legal intelligenceCurtis Rogers sought a belated appeal of a retroactive order finding him competent to proceed at trial in a Volusia County criminal case.…
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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.