Opinion
Case No. SC05-846.
September 7, 2005.
To the extent that petitioner seeks mandamus relief, 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).
To the extent that petitioner challenges the conviction and sentence in his underlying criminal case, the Court has determined that relief is not authorized. Accordingly, to the extent that the petitioner seeks habeas relief the petition is hereby dismissed. See Baker v. State, 878 So. 2d 1236 (Fla. 2004). The motion to appoint counsel is denied.
WELLS, ANSTEAD, LEWIS, CANTERO and BELL, JJ., concur.