Opinion
SC2023-1427
01-08-2024
Tyrone L. Smith, Petitioner(s) v. Secretary, Dept. of Corrections, Respondent(s)
Lower Tribunal No(s).: 162003CF008206AXXXMA
The petition for writ of habeas corpus 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).
No motion for rehearing or reinstatement will be entertained by this Court.
LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.