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Rogers v. State

Florida Court of Appeals, Fifth District
Dec 2, 2022
No. 5D22-2000 (Fla. Dist. Ct. App. Dec. 2, 2022)

Opinion

5D22-2000

12-02-2022

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

Curtis Rogers, Chipley, pro se.


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

Appeal from the Circuit Court for Volusia County, Terence R. Perkins, Judge. LT Case No. 2016-303204-CFDB

Curtis Rogers, Chipley, pro se.

No Appearance for Appellee.

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.


Summaries of

Rogers v. State

Florida Court of Appeals, Fifth District
Dec 2, 2022
No. 5D22-2000 (Fla. Dist. Ct. App. Dec. 2, 2022)
Case details for

Rogers v. State

Case Details

Full title:CURTIS ROGERS, Appellant, v. STATE OF FLORIDA, Appellee.

Court:Florida Court of Appeals, Fifth District

Date published: Dec 2, 2022

Citations

No. 5D22-2000 (Fla. Dist. Ct. App. Dec. 2, 2022)