Opinion
Case No. SC07-2066.
January 25, 2008.
To the extent that petitioner is seeking immediate release from custody, 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 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);Mills v. Dugger, 574 So. 2d 63, 65 (Fla. 1990).
To the extent that petitioner is seeking review of the Fifth District Court of Appeal's decision in case number 5D06-1919, the petition for writ of habeas corpus is hereby denied as successive. Cf. Jenkins v. Wainwright, 322 So. 2d 477, 478 (Fla. 1975).
WELLS, ANSTEAD, PARIENTE, QUINCE, and BELL, JJ., concur.