Opinion
CASE NO. 1D16-2707
06-14-2017
ANTHONY LAMAR PRESSLEY, Appellant, v. STATE OF FLORIDA, Appellee.
Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED An appeal from an order of the Circuit Court for Escambia County.
Thomas V. Dannheisser, Judge. Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. PER CURIAM.
In this Anders appeal in which appellant's competency due to intellectual disability was at issue during the entire proceedings—a matter unpreserved by counsel as dispositive prior to entry of the plea—we affirm the judgment and sentence but without prejudice to the appellant's opportunity to file a rule 3.850 motion to challenge his plea as involuntary. See Williams v. State, 134 So. 3d 975, 977 (Fla. 1st DCA 2012) (Benton, J., concurring).
AFFIRMED. WOLF, RAY, and MAKAR, JJ., CONCUR.
Anders v. California, 386 U.S. 738 (1967).