MICHAEL GENE JACOBS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Petition for mandamus to compel resentencing based on erroneous sentencing scoresheet is denied because petitioner failed to exhaust adequate alternative remedies, specifically filing a motion in trial court.
A petition for mandamus to compel resentencing is improper where the petitioner has not first made an express demand in the trial court and has adequate alternative remedies through postconviction motions.
[1] A petition for mandamus to compel resentencing requires that the petitioner first make an express, distinct demand for performance in the trial court before seeking appel…
[2] Mandamus is not the proper vehicle to address sentencing errors in criminal cases where direct appeal and postconviction motions provide adequate alternative remedies.
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Join FLexlaw to unlock all legal intelligenceMichael Gene Jacobs sought mandamus relief to compel the trial court to resentence him, claiming the trial court used an erroneous scoresheet in sente…
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PALMER, J.
Michael Gene Jacobs seeks a writ of mandamus to compel the trial court to resentenee him, contending that the trial court used an erroneous scoresheet in sentencing him for violating his probation. However, Jacobs has not alleged that he has filed any motion in the trial court seeking correction of his scoresheet and resentencing. As explained in Medberry v. Circuit Court for Brevard County, 762 So. 2d 1037 (Fla. 5th DCA 2000), an appellate court will not consider a petition for mandamus to compel-a respondent to perform the requested action unless the petitioner has first made an express, distinct demand for performance on the respondent.
In addition, mandamus is not the proper vehicle to address errors in a criminal case where a direct appeal and postconviction motions provide adequate remedies. See Donald v. State, 755 So. 2d 816 (Fla. 1st DCA 2000). Jacobs has an adequate alternative remedy. He can file a rule 3.800(a) or rule 3.850 motion seeking correction of his guideline scoresheet and resentencing. See Fla. R.Crim. Proc. 3.800; 3.850. Accordingly, the petition for writ of mandamus is denied, without prejudice to Jacobs filing an appropriate motion for post conviction relief in the trial court.
PETITION DENIED WITHOUT PREJUDICE.
THOMPSON, C.J., and PLEUS, J., concur.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Medberry v. Cir. Court FOR Brevard Cnty., 762 So. 2d 1037 (Fla. 5th DCA 2000)
- Coolen v. Moore, 755 So. 2d 816 (Fla. 1st DCA 2000)