Opinion
Case No. SC11-80.
March 7, 2011.
Lower Tribunal No(s). 2005CF000435AX, 2006CF005540AX.
Petitioner has filed a petition for writ of habeas corpus. To the extent petitioner is seeking to challenge the trial court's ruling with regard to his motion for postconviction relief, 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 that were or could have been raised on direct appeal or in prior postconviction proceedings. See Denson v. State, 775 So. 2d 288, 290 (Fla. 2000); Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992). To the extent petitioner seeks to collaterally attack his convictions and sentences, the petition is hereby dismissed without prejudice to petitioner to seek relief in the appropriate circuit court.
PARIENTE, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.