CURIAM. The petition for writ of mandamus filed August 15, 2013, is denied on the authority of Pettway v. State, 776 So.2d 930 (Fla.2000) (<HOLDING>). ROBERTS, SWANSON, and MAKAR, JJ.,
holding that such conduct or the causing of the result must have been the persons conscious objective recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense holding that the court will not generally consider the repetitive petitions of persons who have abused the judicial processes of the lower courts such that they have been barred from filing certain actions there holding that the lower court should have entered a final order on custody recognizing that an appeal has never been an evidentiary proceeding so appellate court will not consider evidence not presented to the lower tribunal because function of appellate court is to determine whether lower tribunal committed error based upon the issues and evidence before it