Opinion
No. SC09-539.
June 4, 2009.
Lower Tribunal No(s). 03-019405-CF10A.
The petition for writ of habeas corpus is hereby dismissed. See Franqui v. State, 965 So. 2d 22, 34 (Fla. 2007) (stating that "[t]he lower court correctly concluded that this claim [denial of due process stemming from an allegedly improper judicial assignment] is procedurally barred because it was not properly asserted before trial"); Wild v. Dozier, 672 So. 2d 16, 18 (Fla. 1996) (holding that "a litigant who is affected by a judicial assignment made by a chief judge of a judicial circuit must challenge the assignment in the trial court and then seek review in this Court by way of petition for writ of prohibition or petition for relief under the `all writs' power").
PARIENTE, LEWIS, CANADY, LABARGA, and PERRY, JJ., concur.