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Harley v. State

Supreme Court of Florida
Sep 11, 2006
Case No. SC06-1439 (Fla. Sep. 11, 2006)

Opinion

Case No. SC06-1439.

September 11, 2006.


Because petitioner has failed to show that the Fourth District Court of Appeal has a ministerial duty to vacate his sentence and remand for resentencing, he is not entitled to mandamus relief. Accordingly, the petition for writ of mandamus is hereby denied.See Migliore v. City of Lauderhill, 415 So. 2d 62, 63 (Fla. 4th DCA 1982) (stating that mandamus "is [not] proper to mandate the doing (or undoing) of a discretionary act"), approved, 431 So. 2d 986 (Fla. 1983).

WELLS, ANSTEAD, PARIENTE, CANTERO and BELL, JJ., concur.


Summaries of

Harley v. State

Supreme Court of Florida
Sep 11, 2006
Case No. SC06-1439 (Fla. Sep. 11, 2006)
Case details for

Harley v. State

Case Details

Full title:JEFFREY D. HARLEY, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Sep 11, 2006

Citations

Case No. SC06-1439 (Fla. Sep. 11, 2006)