Opinion
No. SC08-1409.
September 11, 2008.
Lower Tribunal No(s). 02-CF-016308.
To the extent Petitioner questions the propriety of the district court's per curiam decision rendered without opinion in Bingham v. State, No. 2D07-4698, the petition for writ of habeas corpus is hereby dismissed for lack of jurisdiction. See R.J. Reynolds Tobacco Co. v. Kenyon, 882 So. 2d 986 (Fla. 2004); Sch. Bd. of Pinellas County v. Dist. Court of Appeal, 467 So. 2d 985 (Fla. 1985).
To the extent petitioner seeks vacation of his conviction and sentence, the petition is hereby denied as procedurally barred. A petition for extraordinary relief is not a second appeal and cannot be used to litigate or relitigate issues which were or could have been raised on direct appeal or in prior postconviction proceedings. See Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992); see also Denson v. State, 775 So. 2d 288, 290 (Fla. 2000).
WELLS, ANSTEAD, PARIENTE, LEWIS, and BELL, JJ., concur.