Opinion
No. SC14–2317.
02-03-2015
Martin Luther McCRAY, Petitioner(s) v. Julie L. JONES, etc., Respondent(s).
Opinion
The petitioner has filed a petition for writ of habeas corpus with the Court. To the extent the petitioner seeks review of the circuit court's order dated September 5, 2002, and seeks the type of relief available in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), the petition is 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 the petitioner seeks additional relief, the petition is denied. The petitioner's “Emergency Motion to Consolidate” is denied. No rehearing will be entertained by this Court.
PARIENTE, LEWIS, CANADY, POLSTON, and PERRY, JJ., concur.