Opinion
No. SC12–500.
2013-04-26
Gerald Mitchell McKIRE, Petitioner(s) v. STATE of Florida, Respondent(s).
Petitioner has filed a petition for writ of mandamus. To the extent petitioner seeks a writ of mandamus to compel the circuit court to address his illegal sentencing claim on the merits, the petition is hereby denied. See State ex rel. North St. Lucie River Drainage Dist. v. Kanner, 11 So.2d 889, 890 (Fla.1943); see also Migliore v. City of Lauderhill, 415 So.2d 62, 63 (Fla. 4th DCA 1982) (stating that mandamus “is not an appropriate vehicle for review of a merely erroneous decision nor is it proper to mandate the doing (or undoing) of a discretionary act”), approved, 431 So.2d 986 (Fla.1983). To the extent petitioner seeks a writ of mandamus to compel the circuit court to comply with State v. Spencer, 751 So.2d 47 (Fla.1999), after considering the circuit court's response, the petition is hereby dismissed without prejudice to petitioner to seek further relief should the circuit court fail to comply with Spencer. The circuit court's motion to relinquish jurisdiction is denied without prejudice to the circuit court conducting appropriate pro se barring proceedings in the event petitioner files any further requests for relief in that court.