Preston Pamphile v. State of Florida , 260 So. 3d 1185 ( 2018 )

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-3281
_____________________________
PRESTON PAMPHILE,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
_____________________________
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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