Opinion
SC2023-1150
10-03-2023
Kenneth E. Hammett, Petitioner(s) v. Ricky D. Dixon, etc., Respondent(s)
Lower Tribunal No(s).: 122000CF001023CFAXMX
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 will be entertained by this Court.
The Court hereby retains jurisdiction to pursue any possible sanctions. See Fla. R. App. P. 9.410(a) (Sanctions; Court's Motion). Petitioner is hereby directed to show cause on or before October 19, 2023, why, pursuant to section 944.279(1), Florida Statutes (2023), a certified copy of the Court's findings should not be forwarded to the appropriate institution for disciplinary procedures pursuant to the rules of the Florida Department of Corrections as provided in section 944.09, Florida Statutes (2023).
CANADY, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.