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.