Diaz v. Dixon

Full title: Enrique Diaz, Petitioner, v. Ricky Dixon, etc., et al., Respondents.

Court: Florida Court of Appeals, Third District

Date published: Dec 18, 2024

No. 3D24-0956 (Fla. Dist. Ct. App. Dec. 18, 2024)

Opinion

3D24-0956

12-18-2024

Enrique Diaz, Petitioner, v. Ricky Dixon, etc., et al., Respondents.

Enrique Diaz, in proper person. Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for respondent State of Florida.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

A Case of Original Jurisdiction - Habeas Corpus. Lower Tribunal Nos. F83-8906, F83-8907, F83-8908, F83-8909, F83-8910, F83-8973, F83-8974, F83-9060, F83-9246

Enrique Diaz, in proper person.

Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for respondent State of Florida.

Before LOGUE, C.J., and EMAS, and LINDSEY, JJ.

PER CURIAM.

Enrique Diaz petitions this court for habeas relief. Habeas relief is not available for matters that could have and should have been raised on direct appeal; or for matters that have already been ruled on through another appellate procedure. Fails v. Jones, 219 So.3d 790, 791-92 (Fla. 2017); Zuluaga v. State, Dept. of Corr., 32 So.3d 674, 676-77 (Fla. 1st DCA 2010) ("Habeas corpus is not a vehicle for obtaining additional appeals of issues which were raised or should have been raised on direct appeal, or which could have been, should have been, or were raised in post-conviction proceedings.").

Petition dismissed.