Preston Pamphile v. State of Florida
Cases that cite this one
5 later published cases cite this decision.
- JUNIOR JOSEPH vs STATE OF FLORIDA (Fla. Dist. Ct. App. 2022)
- MARCUS PITTMAN v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2020)
- COURTNEY ZIELER v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
- Mann v. State (Fla. Dist. Ct. App. 2019)
- Mann v. State (Fla. Dist. Ct. App. 2019)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.