From Casetext: Smarter Legal Research

Joseph v. State

Florida Court of Appeals, Fifth District
Nov 14, 2022
No. 5D22-1656 (Fla. Dist. Ct. App. Nov. 14, 2022)

Opinion

5D22-1656

11-14-2022

JUNIOR JOSEPH, Petitioner, v. STATE OF FLORIDA, Respondent.

Junior Joseph, Milton, pro se. No Appearance for Respondent.


NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Petition for Belated Appeal, A Case of Original Jurisdiction. LT Case No. 2008-CF-008683-A-O

Junior Joseph, Milton, pro se.

No Appearance for Respondent.

PER CURIAM.

In this successive belated appeal petition, Junior Joseph seeks review of the trial court's order finding him competent to proceed. Previously, this Court granted Joseph's habeas corpus petition and ordered the trial court to either make a retroactive finding of competency or grant Joseph a new trial. See Joseph v. State, 244 So.3d 416, 416-17 (Fla. 5th DCA 2018) (citing Camacho v. State, 225 So.3d 272 (Fla. 4th DCA 2017)). In granting that petition, we observed that the trial court appointed experts to evaluate Joseph and held a competency hearing, but failed to enter an order adjudicating Joseph competent to proceed. Id. at 416. On remand, a written order on competency was retroactively rendered, but the trial court did not re-enter Joseph's judgment and sentence.

The first petition was dismissed.

The trial court's nunc pro tunc order finding Joseph competent is not independently appealable under Florida Rule of Appellate Procedure 9.140(b). Pamphile v. State, 260 So.3d 1185, 1186 (Fla. 1st DCA 2018) ("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."). The circumstances of this case are identical to those in Pamphile. As such, we dismiss Joseph's successive petition for belated appeal without prejudice to Joseph to petition the trial court for reentry of the original judgment and sentence so that Joseph may obtain review of that order. See id.

DISMISSED.

COHEN, TRAVER and SASSO, JJ., concur.


Summaries of

Joseph v. State

Florida Court of Appeals, Fifth District
Nov 14, 2022
No. 5D22-1656 (Fla. Dist. Ct. App. Nov. 14, 2022)
Case details for

Joseph v. State

Case Details

Full title:JUNIOR JOSEPH, Petitioner, v. STATE OF FLORIDA, Respondent.

Court:Florida Court of Appeals, Fifth District

Date published: Nov 14, 2022

Citations

No. 5D22-1656 (Fla. Dist. Ct. App. Nov. 14, 2022)