Jacobs v. State

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,…